Great Western Railroad v. Bacon
Illinois Supreme Court
This was an action on the case for killing a mule, brought by the defendant in error against the plaintiff in error, in the Circuit Court of Morgan county. The declaration contained two counts.
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This was an action on the case for killing a mule, brought by the defendant in error against the plaintiff in error, in the Circuit Court of Morgan county. The declaration contained two counts. The first count alleged that the mule was upon a certain enclosed parcel of land or field, possessed by and belonging to one Ann Bacon, through which the track of the railroad company passed; that the plaintiff in error had not fenced their track through this field, and that the proprietor of the said enclosed tract had never agreed with the plaintiff in error to fence said railroad track. This count…
1Opinion of the CourtCaton, C. J.
This was an action on the case for killing a mnle. The plaintiff below relies only on the first count of "his declaration to maintain his judgment. This count is on the statute which requires the railroad company to fence its road where it runs through enclosed lands, except where it is fenced by the proprietor, or where the company has a contract with the proprietor of the lands that he shall fence the road. The mule was killed by a train on the defendant’s road, at a place where it passes through enclosed grounds, and where it is not fenced, and the only question is, whéther it was the duty…
2Cited by36 opinions
- People v. PhippinMichigan Supreme Court · 1888
- Tansey v. RobinsonAppellate Court of Illinois · 1960
- State v. DentWest Virginia Supreme Court · 1884
- Williams v. PeopleIllinois Supreme Court · 1887
- Shumak v. ShumakAppellate Court of Illinois · 1975
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