Toledo, Peoria & Warsaw Railway Co. v. Bray
Illinois Supreme Court
Appeal from the Circuit Court of Hancock county; the Hon. Joseph Sibley, Judge, presiding. This was an action brought by Bray against the railway company, before a justice of the peace, for the alleged killing . of plaintiff’s stock by the defendant’s train. Judgment was rendered in favor of the plaintiff, from which the defendants appealed to the circuit court.
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Appeal from the Circuit Court of Hancock county; the Hon. Joseph Sibley, Judge, presiding. This was an action brought by Bray against the railway company, before a justice of the peace, for the alleged killing . of plaintiff’s stock by the defendant’s train. Judgment was rendered in favor of the plaintiff, from which the defendants appealed to the circuit court. A trial by jury in the circuit court resulted in a verdict and judgment for the plaintiff for $90. The defendant brings the cause by appeal to this court.
1Opinion of the CourtJustice Walker
Appellant complains of the giving of appellee’s second instruction ; it is this:
“ The court further instructs the jury, on the part of the plaintiff, that if they believe, from the evidence, that the engine driver, by the use of ordinary skill and prudence, could have seen the cows spoken about by the witnesses, or that he did see the cows, and that he might, without danger, by the use of ordinary care, have stopped the train before striking the cows, and did not, that this would be negligence on the part of the defendant.”
The objection taken is, that the court by this instruction, has…
2Cited by7 opinions
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Chicago & Alton Railroad v. KellamIllinois Supreme Court · 1879
- Alden v. CoultripAppellate Court of Illinois · 1934
- Chicago, Milwaukee & St. Paul Railroad v. PhillipsAppellate Court of Illinois · 1884
- Terre Haute & Indiana Railroad v. JenuineAppellate Court of Illinois · 1885
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