Illinois Central Railroad v. McClelland
Illinois Supreme Court
Appeal from the Circuit Court of Marion countj; the Hon. . Sjxas L. Bryan, Judge, presiding. •This was an action on the case, brought in the Circuit Court • of .Marion county, by Samuel McClelland against the Illinois Central Railroad Company, for the burning of a certain rail fence, and the grass and hay upon 20 acres of meadow adjacent to the railroad track.
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Appeal from the Circuit Court of Marion countj; the Hon. . Sjxas L. Bryan, Judge, presiding. •This was an action on the case, brought in the Circuit Court • of .Marion county, by Samuel McClelland against the Illinois Central Railroad Company, for the burning of a certain rail fence, and the grass and hay upon 20 acres of meadow adjacent to the railroad track. In February, 1864, a passing engine set fire to the stubble inside the plaintiff’s fence; and again, in July following, . another fire was set by the same means and near the same ■place. At the time of the fire in July, the son of the…
1Opinion of the CourtJustice Breese
This was an action on the case brought in the Marion Circuit Court, by Samuel McClelland against the Illinois Central Railroad company, and verdict and judgment for the plaintiff.
The record is brought here by appeal, and various errors assigned, the most important of which we have considered.
All the evidence is in the record, and it fully sustains the finding of the jury upon the third count in the declaration. ¥e have often decided, that it is negligence in a railroad company failing to provide all the most approved appliances to arrest sparks issuing from the smoke stacks of the engine.…
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