The Indianapolis v. Smith

• Decision Date: 30 June 1875
• Citation: The Indianapolis v. Smith, 78 Ill. 112, 1875 WL 8432 (Ill. 1875)
• Parties: THE INDIANAPOLIS AND ST. LOUIS RAILROAD COMPANYv.GEORGE W. F. SMITH.
• Court: Illinois Supreme Court

78 Ill. 112

1875 WL 8432 (Ill.)

THE INDIANAPOLIS AND ST. LOUIS RAILROAD COMPANY

v.GEORGE W. F. SMITH.

Supreme Court of Illinois.

June Term, 1875.

APPEAL from the Circuit Court of Madison county; the Hon. WILLIAM H. SNYDER, Judge, presiding. This was an action on the case, by the appellee, against the appellant, to recover damages for the killing of plaintiff's mule, by a train of cars, at a public road crossing.

The declaration contains three counts, the first of which charges that the injury was caused by a neglect to ring a bell or sound a whistle within eighty rods of the crossing, as required by law. The second alleges that the defendant allowed weeds and vegetation to grow on its track and right of way, at the place where the injury occurred, to such a height and density that defendant's servants could not operate and use its locomotive and trains of cars with safety to person and property, and that, in consequence of its negligence in this respect, the plaintiff's mule was killed. The third count avers generally that plaintiff's mule was killed in consequence of the negligence of the defendant in running its train.

The defendant filed the general issue, and a trial was had, resulting in a verdict and judgment in favor of the plaintiff for the value of the mule. The opinion of the court states the facts of the case sufficiently.

Mr. F. W. BURNETT, for the appellant.

Messrs. METCALF & BRADSHAW, for the appellee.

Mr. CHIEF JUSTICE SCOTT delivered the opinion of the Court:

This action was brought to recover the value of a mule killed by a locomotive on appellant's road. No questions of law arise upon the record.

The mule had just escaped from the owner's inclosure, and was about to pass over the track, when it was struck by the engine, and killed. It was upon a crossing over a highway. At that point,...