St. Louis, Alton & Terre Haute Railroad v. Todd
Illinois Supreme Court
Writ of Error to the Circuit Court of Coles county; the Hon. Charles H. Constable, Judge, presiding. This was an action on the case, brought by Samuel Todd against the St. Louis, Alton and Terre Haute Bailroad Oo., to the September term, 1864, of the Coles Circuit Court. The action was for negligence, in killing two horses of plaintiff on their road, by reason of a failure of the company to fence their road, as required by the statute.
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Writ of Error to the Circuit Court of Coles county; the Hon. Charles H. Constable, Judge, presiding. This was an action on the case, brought by Samuel Todd against the St. Louis, Alton and Terre Haute Bailroad Oo., to the September term, 1864, of the Coles Circuit Court. The action was for negligence, in killing two horses of plaintiff on their road, by reason of a failure of the company to fence their road, as required by the statute. On the trial in the court below, plaintiff proved that he owned the horses; that they were killed by a locomotive on the defendant’s road; that the road ran…
1Opinion of the CourtChief Justice Walker
It is insisted that the verbal agreement between Messer and the company passed with the land, and became binding upon his assignees and those holding under them. Eor aught that appears, Mrs. Serine may have had no notice of the agreement, and even if she had, we are at a loss to perceive how a mere verbal agreement of her grantor could affect her rights. The law imposes the duty upon the company of fencing their road, so as to prevent stock from getting upon it. And a mere agreement, or verbal license of an owner, releasing them from that duty, however valid and binding on them, cannot affect…
2Cited by8 opinions
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Bostwick v. Minneapolis & Pacific Railway Co.North Dakota Supreme Court · 1892
- Chicago & Alton Railroad v. PondromIllinois Supreme Court · 1869
- Thomas v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Wilder v. Maine Central RailroadSupreme Judicial Court of Maine · 1876
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