Wabash Railroad v. Howard
Appellate Court of Illinois
Memorandum.—Action for killing a horse. In the Circuit Court of Christian County; the Hon. Robert B. Shirley, Judge, presiding. Declaration in case; plea of not guilty; trial by jury; verdict and judgment for the plaintiff; appeal by defendant. Heard in this court at the November term, 1894, and affirmed.
1Opinion of the Court
Mr. Presiding Justioe Wall
delivered the opinion op the Court.
This is an appeal from a judgment in favor of the appellee for damages occasioned by the killing of his horse by a train passing over appellant’s road.
The accident occurred at Willey Station, a small unincorporated village. Along the west side of the railroad there was a fence, but on the east side there was none provided by the company. For a part of the distance on this side it was entirely proper to have the grounds unfenced, under the rule laid down in the Hans case, 111 Ill. 114, and followed in subsequent cases, but the…
2Cases cited1 opinion
- Chicago, Burlington & Quincy Railroad v. HansIllinois Supreme Court · 1884
3Cited by3 opinions
- St. Louis Southwestern Ry. Co. v. BuiceCourt of Appeals of Texas · 1924
- Enright v. Toledo, Peoria & Western Railway Co.Appellate Court of Illinois · 1910
- Finucane v. Chicago & Eastern Illinois RailroadAppellate Court of Illinois · 1909