Toledo, Peoria & Warsaw Railway Co. v. Pineo
Illinois Supreme Court
Toledo, Peoria & Warsaw Railway Co. v. Pineo, 56 Ill. 308 (Ill. 1870)
Thornton
Toledo, Peoria & Warsaw Railway Co. v. Pineo
Opinion of the Court
delivered the opinion of the Court:
The only error assigned in this case is, that the evidence does not connect appellants with the injury.
The railway company was sued for killing the cow of appellee.
From the evidence in the record, there can not be even a reasonable doubt that the cow was killed by the train of appellants. Such is the fair, if not necessary, inference.
The judgment of the circuit court is affirmed.
Judgment affirmed.
Reference
- Full Case Name
- Toledo, Peoria & Warsaw Railway Company v. George Pineo
- Status
- Published
- Syllabus
- Evidence—of its sufficiency to prow stock was killed on a railroad. In an action against a railroad company, to recover the value of a cow alleged to have been killed on the defendants’ road, it was proven by the plaintiff that he found the animal the day after she was injured, in a field, about twenty or thirty feet from the track, and there were marks on the track indicating such an accident. Another witness saw the cow in the same situation soon after a train had passed, and an employee of the company, while riding on the engine, saw a cow thrown from the track at about the same place, during the, month the cow was found dead. It was held, the evidence was sufficient to connect the company with the injury.