Chicago, Burlington & Quincy Railroad v. Cauffman
Illinois Supreme Court
It appeared from the testimony of appellee’s witnesses, that the train struck some colts on a crossing; three of them were struck by the train and killed. The colts ran some distance near the track, and the three that were killed wheeled upon the track. The colts were feeding near the crossing, but in the highway. The witnesses either called it a freight train, or thought it to be so.
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It appeared from the testimony of appellee’s witnesses, that the train struck some colts on a crossing; three of them were struck by the train and killed. The colts ran some distance near the track, and the three that were killed wheeled upon the track. The colts were feeding near the crossing, but in the highway. The witnesses either called it a freight train, or thought it to be so. The whistle sounded some rods before reaching the crossing, as these witnesses say, from twenty to ten rods.. They also say the colts could have been seen from the train some seventy rods oif. The engineer and…
1Opinion of the Court
Catón, C. J.
This was an action on the case for killing three colts, at a railroad crossing, by a train of defendants. No question was raised as to the sufficiency of the fence or cattle-guards. Among others, the following instruction was given for the plaintiff, which was excepted to:
“The jury must determine as to the credit due to the several witnesses who have testified in this case, and if the jury believe that there is a conflict of the testimony between the witnesses for the plaintiff, and the witnesses Cooley and Sweetland, it is proper for the jury to consider the relation of said…
2Cited by2 opinions
- Calumet Iron & Steel Co. v. MartinIllinois Supreme Court · 1885
- Rockford, Rock Island & St. Louis Railroad v. RaffertyIllinois Supreme Court · 1874