Illinois Supreme Court, 1877

Ohio & Mississippi Railroad v. Fowler

Ohio & Mississippi Railroad v. Fowler
Illinois Supreme Court · Decided January 15, 1877 · Scott
85 Ill. 21

Ohio & Mississippi Railroad v. Fowler

Opinion of the Court

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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