Ohio & Mississippi Railway Co. v. Gross

Appellate Court of Illinois

Ohio & Mississippi Railway Co. v. Gross

41 Ill. App. 561, 1891 Ill. App. LEXIS 194

DecidedOctober 27, 1891

StatusPublished

This text of 41 Ill. App. 561 (Ohio & Mississippi Railway Co. v. Gross) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio & Mississippi Railway Co. v. Gross, 41 Ill. App. 561, 1891 Ill. App. LEXIS 194 (Ill. Ct. App. 1891).

Pincite

Opinion

Green, J.

This suit was brought to recover the value of a hog, killed on the switch track or “ Y” of defendant, within the depot limits of the station of Enfield. The animal was trespassing upon the right of wav and switch track, and at a place where defendant was not required to fence its right of way, at the time it was killed. The train was being backed up the switch at a very slow rate of speed, in a careful manner, and for a necessary purpose, when the animal stepped in front of the approaching car and was run over and killed. Those in charge of the train did not see it, and there was no evidence of negligence by those managing the train, to establish defendant’s liability. Hence there was no legal cause of action. The judgment is reversed and the cause is remanded.

Judgment reversed.

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Green, J.

This suit was brought to recover the value of a hog, killed on the switch track or “ Y” of defendant, within the depot limits of the station of Enfield. The animal was trespassing upon the right of wav and switch track, and at a place where defendant was not required to fence its right of way, at the time it was killed. The train was being backed up the switch at a very slow rate of speed, in a careful manner, and for a necessary purpose, when the animal stepped in front of the approaching car and was run over and killed. Those in charge of the train did not see it, and there was no evidence of negligence by those managing the train, to establish defendant’s liability. Hence there was no legal cause of action. The judgment is reversed and the cause is remanded.

Judgment reversed.

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Bluebook (online)

41 Ill. App. 561, 1891 Ill. App. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohio-mississippi-railway-co-v-gross-illappct-1891.