Illinois Central Railroad v. Dickerson
Illinois Supreme Court
This was an action commenced by appellee against appellant to recover the value of three animals, alleged to have been killed, upon the road of appellant. The action was commenced before a justice of the peace, and taken by appeal to the Circuit Court of Jackson county, where it was heard before Jenkins, Judge, without the intervention of a jury, the court finding against the corporation, and rendering a judgment against it for forty-eight dollars and costs.
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This was an action commenced by appellee against appellant to recover the value of three animals, alleged to have been killed, upon the road of appellant. The action was commenced before a justice of the peace, and taken by appeal to the Circuit Court of Jackson county, where it was heard before Jenkins, Judge, without the intervention of a jury, the court finding against the corporation, and rendering a judgment against it for forty-eight dollars and costs. From this judgment the corporation appealed. A witness stated that there was a gap in the fence near where the cattle were killed; that…
1Opinion of the CourtCaton, C. J.
The appellant’s .counsel is mistaken in the supposition that the proof does not show that the place where the cattle were killed was not in a town or village or at a road crossing. The proof does clearly show that at the place where the accident happened, the company was bound to maintain a good and sufficient fence.
If the fact were clearly established, that the fence was up, the night before, at the point where the cattle actually got in, we think that would be a sufficient compliance with the duty imposed by the law, which is, to maintain a good and sufficient fence. "When up, the proof…
2Cited by8 opinions
- Crosby v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1885
- Illinois Central Railroad v. SwearingenIllinois Supreme Court · 1864
- Crawford v. Southern RailwayCourt of Appeals of Kentucky · 1913
- Box v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1894
- Chicago, Burlington & Quincy Railroad v. KennedyAppellate Court of Illinois · 1887
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