Toledo, St. Louis & Kansas City Railroad v. Franklin
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Fayette county; the Hon. Robert B. Shirley, Judge, presiding.
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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Fayette county; the Hon. Robert B. Shirley, Judge, presiding. The material facts of this case, as stated by the Appellate Court, are as follows: “This is a suit brought before a justice of the peace by appellee, against appellant, to recover the value of a horse which was struck and killed on defendant’s track upon a bridge, by the engine of a moving train operated by the servants of defendant. The cause was tried on appeal in the court below, when a verdict for $85 as the value of…
1Opinion of the CourtJustice Magruder
The first section of the act of the legislature of Illinois in relation to fencing and operating railroads, approved March 31, 1874, provides : “That every railroad' corporation shall, within six months after any part of its line is open for use, erect and thereafter maintain fences on both sides of its road, or so much thereof as is open for use, suitable and sufficient to prevent cattle, horses, sheep, hogs or other stock from getting on such railroad, except at the crossings of public roads and highways, and within such portion of cities and incorporated towns and villages as are or may be…
2Cases cited3 opinions
- Chicago, Burlington & Quincy Railroad v. HansIllinois Supreme Court · 1884
- Toledo, St. L. & K. C. R. R. v. ThompsonAppellate Court of Illinois · 1892
- Illinois Central Railroad v. BullIllinois Supreme Court · 1874
3Cited by4 opinions
- Cleveland, C., C. & St. L. Ry. Co. v. GreenAppellate Court of Illinois · 1896
- Miller v. Chicago, Burlington & Quincy RailroadWyoming Supreme Court · 1910
- Chicago, Burlington & Quincy Railroad v. SevcekNebraska Supreme Court · 1904
- Cooke v. Chicago, Ottawa & Peoria Railway Co.Appellate Court of Illinois · 1922