Ohio & Mississippi Railroad v. Fowler

Illinois Supreme Court

Ohio & Mississippi Railroad v. Fowler

85 Ill. 21

DecidedJanuary 15, 1877

StatusPublished

This text of 85 Ill. 21 (Ohio & Mississippi Railroad v. Fowler) 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

Ohio & Mississippi Railroad v. Fowler, 85 Ill. 21 (Ill. 1877).

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Opinion

Mr. Justice Scott

delivered the opinion of the Court:

Proof was made, it was lawful for stock to run at large in the county where plaintiff’s steer was killed, and hence the question of contributory negligence discussed does not arise. As the company had not fenced its railroad track at the point where the animal was struck and killed, defendant is clearly liable, and the judgment must be affirmed.

Judgment affirmed.

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Mr. Justice Scott

delivered the opinion of the Court:

Proof was made, it was lawful for stock to run at large in the county where plaintiff’s steer was killed, and hence the question of contributory negligence discussed does not arise. As the company had not fenced its railroad track at the point where the animal was struck and killed, defendant is clearly liable, and the judgment must be affirmed.

Judgment affirmed.

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Bluebook (online)

85 Ill. 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohio-mississippi-railroad-v-fowler-ill-1877.