Rockford, Rock Island & St. Louis R. R. v. Lynch
Illinois Supreme Court
Appeal from the Circuit Court of Scott county • the Hon. Charles D. Hodges, Judge, presiding. This was an action on the case, by Daniel and Thomas Lynch, against the Eockford, Eock Island and St. Louis Eailroad Company, to recover damages for the killing of two steers. The declaration counted upon the statutory liability of the defendant, growing out of a neglect to fence its road. The defendant filed the general issue.
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Appeal from the Circuit Court of Scott county • the Hon. Charles D. Hodges, Judge, presiding. This was an action on the case, by Daniel and Thomas Lynch, against the Eockford, Eock Island and St. Louis Eailroad Company, to recover damages for the killing of two steers. The declaration counted upon the statutory liability of the defendant, growing out of a neglect to fence its road. The defendant filed the general issue. A trial was had, resulting in a verdict and judgment in favor of the plaintiffs for $110. On the trial, the defendant asked the following instructions, which were refused by…
1Opinion of the CourtJustice Thornton
Under the pleadings there could be no liability on the part of the railway company, unless it was bound to fence its road.
The statute imposed this duty upon the company, but if, when the right of way was condemned over the land where the injury occurred, damages were assesséd against this company for fencing the road, or against a company of which the present is a legal successor, and the assessment was made a matter of record, and was formal and regular, then the land is charged with the fencing and the company is discharged. Rock Island and Alton R. R. Co. v. Lynch, 23 Ill. 645. It was,…
2Cases cited1 opinion
- Rock Island & Alton Railroad v. LynchIllinois Supreme Court · 1860
3Cited by8 opinions
- Georgia Pacific Railroad v. FullertonSupreme Court of Alabama · 1885
- Atchison, Topeka & Sante Fé Railroad v. ShaftSupreme Court of Kansas · 1885
- Missouri Pacific Railway Co. v. BradshawSupreme Court of Kansas · 1885
- Centralia & Chester Railroad v. BrakeIllinois Supreme Court · 1888
- Chicago, Rock Island & Pacific Railway Co. v. HugginsCourt Of Appeals Of Indian Territory · 1902
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