Chicago, Burlington & Quincy Railroad v. Haggerty
Illinois Supreme Court
Appeal from the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. This was an action commenced by John T. Haggerty against the Chicago, Burlington and Quincy Railroad Com-, panv, before a justice of the peace, to recover the value of a cow killed by defendant’s train within the limits of the town of Camp Point.
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Appeal from the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. This was an action commenced by John T. Haggerty against the Chicago, Burlington and Quincy Railroad Com-, panv, before a justice of the peace, to recover the value of a cow killed by defendant’s train within the limits of the town of Camp Point. The cause was taken by appeal to the circuit court, where a trial was had, resulting in a verdict and judgment in favor of the plaintiff for $50, from which judgment the defendant appealed to this court. On the trial the plaintiff, after proving the killing and…
1Opinion of the CourtJustice Sheldon
The admission in evidence of the ordinance of the town of Camp Point prohibiting the running of trains within the town at a greater rate of speed than six miles per hour, is first assigned for error.
It is contended that the ordinance is null and void, because the town had no authority to pass such an ordinance, and because the company was expressly authorized by law to fix and regulate the rate of speed of trains upon its road. There is no grant of power to this town, in express terms, to regulate the rate of speed of railway trains passing through the town, but bv its charter (Pr. Laws 1857,…
2Cases cited1 opinion
- Galena & Chicago Union Railroad v. LoomisIllinois Supreme Court · 1852
3Cited by18 opinions
- Dukeman v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Illinois Supreme Court · 1908
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Spiegler v. City of ChicagoIllinois Supreme Court · 1905
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Chicago & Eastern Illinois Railroad v. CroseIllinois Supreme Court · 1905
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