Illinois Central Railroad v. Baker
Illinois Supreme Court
Appeal from the Circuit Court of Ford county; the Hon. A. J. Gallagher, Judge, presiding. This was an action against the Railroad Company to recover for killing a colt, and was commenced before a justice of the peace, and taken by appeal to the circuit court, where judgment was rendered for Baker upon the verdict of a jury.
Read the full summary
Appeal from the Circuit Court of Ford county; the Hon. A. J. Gallagher, Judge, presiding. This was an action against the Railroad Company to recover for killing a colt, and was commenced before a justice of the peace, and taken by appeal to the circuit court, where judgment was rendered for Baker upon the verdict of a jury. The evidence was contradictory as to where the colt got on the track, but all the witnesses agreed that the train was running slow, though down a slight grade—that the colt was chased by the train to a culvert with a deep ditch filled with water on the sides, and there…
1Opinion of the CourtChief Justice Breese
This was an action on the case against the Illinois Central Eailroad Company, then using and operating a portion of the Toledo, Peoria & Warsaw Eailroad, for killing, by negligence, a colt of the plaintiff, of the value of one hundred dollars. The jury returned a verdict for the value of the colt, for which the court gave judgment, having overruled a motion for a new trial.
The defendants appeal to this court, and insist the motion to set aside the verdict should have been allowed, it being contrary to the evidence.
There was some slight conflict in the testimony as to where the colt got on to…
2Cited by6 opinions
- Atchison, T. & S. F. Ry. Co. v. Davis & YoungSupreme Court of Oklahoma · 1910
- Rockford, Rock Island & St. Louis Railroad v. IrishIllinois Supreme Court · 1874
- Atchison, Topeka & Santa Fé Railroad v. DavisSupreme Court of Kansas · 1884
- Rockford, Rock Island & St. Louis Railroad v. RaffertyIllinois Supreme Court · 1874
- Toledo, Peoria & Warsaw Railway Co. v. IngrahamIllinois Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.