Chicago & Rock Island Railroad v. Hutchins
Illinois Supreme Court
Appeal from the Circuit Court of Henry county; the Hon. Ira O. Wilkinson, Judge, presiding. This was an action on the case, for damages in killing a mare and colt, brought in the Henry Circuit Court by John S. Hutchins, against the Chicago and. Rock Island Railroad Company.
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Appeal from the Circuit Court of Henry county; the Hon. Ira O. Wilkinson, Judge, presiding. This was an action on the case, for damages in killing a mare and colt, brought in the Henry Circuit Court by John S. Hutchins, against the Chicago and. Rock Island Railroad Company. The declaration averred that defendant was a railroad corporation in the State, and having been in use more than six months, they failed to fence their road, as required by law, and that by reason of the neglect of that duty, one mare and colt, the property of plaintiff, of the value of one hundred dollars, lawfully…
1Opinion of the CourtChief Justice Walker
Appellee claimed to recover on the ground of negligence by the company. First, in not keeping in repair the fence sepating their road from his pasture, in consequence of which the animals got on the road and were killed; and secondly, in failing to ring a bell or sound a whistle, as required by law, at the road crossing at which the animals were killed. The questions were fairly presented to the jury, and they have found that there was negligence on the part of the company. The evidence was sufficient to warrant the finding, and although it may not have been entirely free from doubt, still…
2Cases cited1 opinion
- Galena & Chicago Union Railroad v. WelchIllinois Supreme Court · 1860
3Cited by9 opinions
- Doremus v. RootWashington Supreme Court · 1901
- City of Anderson v. FlemingIndiana Supreme Court · 1903
- Anderson v. West Chicago Street RailroadIllinois Supreme Court · 1902
- Feitl v. Chicago City Railway Co.Illinois Supreme Court · 1904
- Billstrom v. Triple Tread Tire Co.Appellate Court of Illinois · 1921
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