Cairo & St. Louis Railroad v. Peoples
Illinois Supreme Court
Appeal from the Circuit Court of Jackson county; the Hon. Monroe C. Crawford, Judge, presiding. This suit was originally brought before a justice of the peace by William Peoples against the Cairo and St. Louis Railroad Company, to recover double the value of a cow alleged to have been killed on the 30fch day of January, 1876, by a train on defendant’s road.
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Appeal from the Circuit Court of Jackson county; the Hon. Monroe C. Crawford, Judge, presiding. This suit was originally brought before a justice of the peace by William Peoples against the Cairo and St. Louis Railroad Company, to recover double the value of a cow alleged to have been killed on the 30fch day of January, 1876, by a train on defendant’s road. On the trial before the justice plaintiff recovered a judgment for $60, which was double the value of the animal killed, and on appeal to the circuit court that judgment was affirmed. The railroad company brings the case to this court on…
1Opinion of the CourtJustice Scott
This action was commenced under section 37, chapter 114, Eev. Stat. 1874, which provides that every railroad corporation that shall fail to erect and maintain suitable fences on either side of its road within six months after the same is open to use, sufficient to prevent stock from getting on the track, shall be “ liable for double the amount of all damages” which may be done by its agents, engines or cars, to stock on such track. The law, however, has not. made it obligatory upon railroad corporations to fence their roads at the crossings of public roads and highways, nor within the limits…
2Cases cited2 opinions
- Atchison & Nebraska R. R. v. BatyNebraska Supreme Court · 1877
- Cairo & St. Louis Railroad v. MurrayIllinois Supreme Court · 1876
3Cited by5 opinions
- Aladdin Mfg. Co. v. Mantle Lamp Co. of AmericaCourt of Appeals for the Seventh Circuit · 1941
- Abel v. ConoverNebraska Supreme Court · 1960
- Terre Haute & Logansport Railway Co. v. SalmonIndiana Supreme Court · 1903
- Abel v. ConoverNebraska Supreme Court · 1960
- Sunderland Bros. v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1920