Indianapolis & St. Louis Railroad v. Blackman
Illinois Supreme Court
Appeal from the Circuit Court of Edgar county; the Hon. James Steele, Judge, presiding. This is an appeal to reverse a judgment recover by Black-man against the appellant for $75, the value of an animal killed by a train entering the town of Vermilion.
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Appeal from the Circuit Court of Edgar county; the Hon. James Steele, Judge, presiding. This is an appeal to reverse a judgment recover by Black-man against the appellant for $75, the value of an animal killed by a train entering the town of Vermilion. It was proven that the animal had been on the track for half an hour at a point where it was not required to be fenced ; that the track was straight for two or three miles, with no obstruction to prevent seeing the animal from the engine; that the train came at the rate of fifteen or twenty miles per hour, without sounding the bell or blowing…
1Opinion of the CourtJustice Thornton
It is contended that, as the appellant corporation was not in existence on the 5th day of November, 1849, the general law of that date, in relation to railways, is not applicable to this company. The reason assigned for this assumption is neither forcible nor plausible.
Special reference was made in the argument to section 45 of the act, which is as follows:
“ All existing railroad corporations within this State shall, respectively, have and possess all the powers and privileges, and be subject to all the duties and liabilities and provisions contained in this act, and not inconsistent with…
2Cases cited2 opinions
- Galena & Chicago Union Railroad v. LoomisIllinois Supreme Court · 1852
- Galena v. DillIllinois Supreme Court · 1859
3Cited by9 opinions
- Florida Central & Peninsular Railroad v. WilliamsSupreme Court of Florida · 1896
- Lake Shore & Michigan Southern Railway Co. v. ParkerIllinois Supreme Court · 1890
- Chicago & Alton Railroad v. LogueAppellate Court of Illinois · 1893
- Mankey v. Chicago, Milwaukee & St. Paul Ry. Co.South Dakota Supreme Court · 1901
- Chicago, Burlington & Quincy Railroad v. DvorakAppellate Court of Illinois · 1880
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