Wabash Railroad v. Perbex
Appellate Court of Illinois
Memorandum.—Trespass for killing domestic animals. In the Circuit Court of Morgan County; the Hon. Cyrus Epler, Judge, presiding. Trial by jury ; verdict and judgment for plaintiff ; appeal by defendant. Heard in this court at the November term, 1894, and affirmed. Statement of the Case.
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Memorandum.—Trespass for killing domestic animals. In the Circuit Court of Morgan County; the Hon. Cyrus Epler, Judge, presiding. Trial by jury ; verdict and judgment for plaintiff ; appeal by defendant. Heard in this court at the November term, 1894, and affirmed. Statement of the Case. During the night of the 14th of June, 1893, a herd of cattle belonging to the appellee escaped from, his premises into the adjoining field, which belonged to William Shoney, from thence wandered through an open gate into premises belonging to William Brownlow, passed therefrom through a gap in the fence into…
1Opinion of the Court
Mr. J ustice Boggs
delivered the opixioh of the Court. The law prohibiting domestic animals from running at large did not relieve the appellant company from its duty under the statute to erect and maintain fences along the side of its right of way, nor from liability if stock be killed or injured in consequence of its failure to observe that duty. Ewing v. Chicago & Alton R. R. Company, 72 Ill. 25; Rockford, Rock Island & St. Louis R. R. Company v. Irish, 72 Ill. 404; Cairo & St. Louis R. R. Company v. Woosley, 82 Ill. 370. The statutory duty of the company to maintain such fences includes the…
2Cases cited5 opinions
- Bulpit v. MatthewsIllinois Supreme Court · 1893
- Ewing v. Chicago & Alton RailroadIllinois Supreme Court · 1874
- Chicago & Northwestern Railway Co. v. HarrisIllinois Supreme Court · 1870
- Rockford, Rock Island & St. Louis Railroad v. IrishIllinois Supreme Court · 1874
- Illinois Central Railroad v. ArnoldIllinois Supreme Court · 1868
3Cited by5 opinions
- Atkinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1903
- Rabberman v. HuntAppellate Court of Illinois · 1900
- Stonebraker v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1905
- Lake Erie & Western Railroad v. J. C. Beam & SonAppellate Court of Illinois · 1895
- Stoeber v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1918