Chicago & Northwestern Railway Co. v. Diehl

Illinois Supreme Court

Chicago & Northwestern Railway Co. v. Diehl

52 Ill. 441

DecidedSeptember 15, 1869

StatusPublished

This text of 52 Ill. 441 (Chicago & Northwestern Railway Co. v. Diehl) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chicago & Northwestern Railway Co. v. Diehl, 52 Ill. 441 (Ill. 1869).

Pincite

Opinion

Mr. Justice Lawrence

delivered the opinion of the Court:

This was an action for the recovery of the value of two colts killed by the railway company. The court told the jury to find for the plaintiff in case the evidence showed certain facts, among which it did not enumerate the essential fact that the road had been opened six months. We should not reverse for this if the evidence showed such fact, but it does not, nor does it show any other fact from which this might be inferred. We must, therefore, reverse the judgment and remand the cause.

Judgment reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Lawrence

delivered the opinion of the Court:

This was an action for the recovery of the value of two colts killed by the railway company. The court told the jury to find for the plaintiff in case the evidence showed certain facts, among which it did not enumerate the essential fact that the road had been opened six months. We should not reverse for this if the evidence showed such fact, but it does not, nor does it show any other fact from which this might be inferred. We must, therefore, reverse the judgment and remand the cause.

Judgment reversed.

Cite This Page — Counsel Stack

Bluebook (online)

52 Ill. 441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chicago-northwestern-railway-co-v-diehl-ill-1869.