Chicago & Alton R. R. v. Patterson & Johnson
Appellate Court of Illinois
Trespass on the Case, for killing stock.- Appeal from the Circuit Court of Sangamon County; the Hon. Jacob FOuke, Judge, presiding. Heard.in this court at the May term, 1897. Beversed. Opinion filed December 2, 1897.
1Opinion of the CourtJustice Glenn
The foregoing statement is a fair epitome of the legitimate evidence as appears from the record.
“ Proof of a certain state or condition of things at a given time will raise a presumption of fact strong enough to support a finding that it continued for a longer or shorter time thereafter, or until shown to be changed, according to the nature and surroundings of" the subject.” Chicago, B. & Q. R. R. Co. v. Sierer, 13 Ill. App. 261. So then if in this case the gate was seen closed on the 15th of July, 1893, and there is no evidence showing it was open until when the horses went on the track on…
2Cases cited6 opinions
- Illinois Central Railroad v. SwearingenIllinois Supreme Court · 1868
- Chicago, Burlington & Quincy Railroad v. MageeIllinois Supreme Court · 1871
- Chicago & Alton Railroad v. SaundersIllinois Supreme Court · 1877
- Indianapolis & St. Louis Railroad v. HallIllinois Supreme Court · 1878
- Chicago, Burlington & Quincy Railroad v. SiererAppellate Court of Illinois · 1883
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