Ohio & Mississippi Railroad v. Taylor
Illinois Supreme Court
Proceedings were commenced before a justice of the peace, and taken by appeal to the Circuit Court. Trial in Circuit Court, and verdict for §40. Motion for a new trial overruled. The plaintiff below introduced the following testimony: Jerry Taylor, being sworn, said: I sold the colt to plaintiff. It was wounded in August. It was near Pierce’s farm—no town, city, or village there. I sold it for $25. I fix the value at $50. There was no fence there.
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Proceedings were commenced before a justice of the peace, and taken by appeal to the Circuit Court. Trial in Circuit Court, and verdict for §40. Motion for a new trial overruled. The plaintiff below introduced the following testimony: Jerry Taylor, being sworn, said: I sold the colt to plaintiff. It was wounded in August. It was near Pierce’s farm—no town, city, or village there. I sold it for $25. I fix the value at $50. There was no fence there. One was necessary to keep off cattle. The road had been running for six months. It was a mile and a quarter to improved farms. I sold the colt for…
1Opinion of the CourtBreese, J.
The principal question in dispute before the Circuit Court, was, as appears by the testimony in the record, in regard to the value of the animal killed. It is however, alleged as error, that there was no evidence given by the plaintiff, and no proof in the cause, that the place where the injury occurred, was not at a public crossing.
Under the statute, railroads are not required to be fenced at such crossings; therefore, it was incumbent on the plaintiff to negative by proof, there being no pleadings in the case, that there was no public crossing where the injury occurred, but was at a point…
2Cases cited1 opinion
- Ohio & Mississippi Railroad v. BrownIllinois Supreme Court · 1859
3Cited by6 opinions
- Goodman v. PeopleIllinois Supreme Court · 1907
- Rimmer v. WilsonSupreme Court of Colorado · 1908
- Kidd & Co. v. North American Provision Co.Appellate Court of Illinois · 1928
- Logansport, Peoria & Burlington R. R. v. CaldwellIllinois Supreme Court · 1865
- Hey v. HawkinsAppellate Court of Illinois · 1905
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