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Reports of Cases Determined in the Appellate Courts of Illinois Volume 206

Reports of Cases Determined in the Appellate Courts of Illinois Volume 206


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ... action against a railroad company to recover for the death of a cow as the result of being struck while trespassing-on a track of the defendant, where an instruction was given that if, by the use of ordinary care and diligence on the part of the servants of a railroad company, animals straying upon its tracks can he saved from injury, then it is the duty of such servants to exercise that degree of care, and a failure so to do it proved, where the injury results without negligence on the part of the owner of the stock, renders the company liable for any damages sustained thereby, held that such instruction did not state the law correctly as applicable to the case, in that it ignored the prerequisite that before a railroad can be held liable in such a case for failure to exercise ordinary care and diligence it must be shown that the animal was seen or known to be upon the track, and that the giving of such instruction constituted reversible error. 2. RAILROADS. TS-i---uhen company liable for injury to awlmal on track. A railroad company is not liable for an injury to an animal trespassing upon its tracks, occurring through the failure of the employees to exercise ordinary care and diligence, unless 'See Illinois Notes Digest, Vols. X! to X', and Cumulative Quarterly, same topic and section number. it is shown that the animal was discovered upon the track and that thereafter such employees could by the exercise of ordinary care and diligence have prevented the injury, or it is shown that said employees were guilty of wilfully and wantonly causing the injury. Appeal from the Circuit Court of Wayne county; the Hon. J. C. EAGLETON, Judge, presiding. Heard in this court at the October term, 1916. Reversed and remanded. Opinion...


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Product Details
  • ISBN-13: 9781130435955
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 226
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1130435954
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 413 gr


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