Chicago, Burlington & Quincy Railroad v. Carter
Illinois Supreme Court
This was an action of trespass on the case, brought in the La Salle County Court, at the September ^term, 1857, by plaintiff belo.w, to recover damages from defendant below, for killing three colts of plaintiff on railroad of defendant.
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This was an action of trespass on the case, brought in the La Salle County Court, at the September ^term, 1857, by plaintiff belo.w, to recover damages from defendant below, for killing three colts of plaintiff on railroad of defendant. To the declaration of plaintiff there was a demurrer by defendant; and for special cause of demurrer, the defendant assigned the following, to wit: 1st. In neither of said counts is there any averment that the colts mentioned were not killed within the limits of any town, city, or village, and did not come upon the railroad of said defendant within the limits…
1Opinion of the CourtWalker, J.
The assignment of error in this case questions court in overruling the demurrer to plaintiff’s declaration. The first count is constructed under the act of the legislature, approved on the 14th day of February, 1855, which provides, that “ Every railroad corporation whose line of road, or any part thereof, is open for use, shall, within six months after the passage of this act, and every railroad company formed or to be formed, but whose lines are not now open for use, shall, within six months after the lines of such railroad, or any part thereof, are opened, erect and thereafter maintain…
2Cited by5 opinions
- Mahler v. SinsheimerAppellate Court of Illinois · 1886
- Belt Railway Co. v. BanickiAppellate Court of Illinois · 1902
- Toledo, Peoria & Warsaw Railway Co. v. LaveryIllinois Supreme Court · 1874
- Kelley v. BaggottAppellate Court of Illinois · 1933
- Lake Shore & Michigan Southern Railway Co. v. JohnsonAppellate Court of Illinois · 1890