Ohio & Mississippi Railroad v. Dunbar
Illinois Supreme Court
Plaintiffs below (defendants here,) filed their declaration in an action of “ trespass on the case,” containing three counts. 1st count demurred to, and demurrer sustained. 2nd count.
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Plaintiffs below (defendants here,) filed their declaration in an action of “ trespass on the case,” containing three counts. 1st count demurred to, and demurrer sustained. 2nd count. That plaintiffs below, on, etc., at, etc., delivered to defendants a certain lot of hogs, viz., two hundred and forty-two, of value $>2,000, at Salem, to be carried thence to Blinoistown, to be there safely and securely delivered for plaintiffs, and in consideration of certain rewards, etc., defendants undertook, and then, etc., promised they would carry and convey said hogs from, etc., to, etc., and there…
1Opinion of the CourtWalker, J.
In this case, numerous exceptions were taken on the trial below, but we shall confine our attention to those only which were urged in the argument. We are asked to reverse the judgment of the Circuit Court, because the plaintiffs’ demurrer to defendants’ third plea was sustained. That plea alleged, as a defense to the action, that the defendant had, prior to the 25th of January, 1856, leased their road, engines, cars, machinery and fixtures, to G-. W. Jenks, who had entire control of the road, free from any control of the defendants, and that the contract, if any such were made, was with…
2Cited by25 opinions
- Arrowsmith v. Nashville & D. R.U.S. Circuit Court for the District of Tennessee · 1893
- Balsley v. St. Louis, Alton & Terre Haute RailroadIllinois Supreme Court · 1886
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- Lee v. Southern Pacific RailroadCalifornia Supreme Court · 1897
- Chollette v. Omaha & Republican Valley RailroadNebraska Supreme Court · 1889
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