Jones v. Illinois Central Railroad
Jones v. Illinois Central Railroad
Opinion of the Court
delivered the opinion of the court.
Henry Jones sued the Illinois Railroad Company in the sum of $195, damages for the killing of his dog, Tag. The evidence for the plaintiff showed the dog was a valuable one for small game, and was worth $100. The value of the dog is undisputed, and is not controverted. The only witness of Tag’s
We incline to the opinion that a dog is property, within the meaning of the statutes of this state upon that subject (Sentell v. Railway Co., 166 U. S., 698; Hanks v. Railway Co., 11 L. R. A., 383; 3 Elliott on Railroads, sec. 1190), and whether the running of the train at a greater speed than six miles per hour was the cause of the killing of the dog, is, we think, a question for the jury. It is in evidence that the dog was killed by the train while running at a greater speed than six miles per hour, and this evidence casts the burden upon the defendant of showing that the running of the train at a greater speed than six miles per hour was not the cause of the killing of the dog.
The judgment of the circuit court is reversed, a/nd the case is remanded for a new trial.
Reference
- Full Case Name
- Henry Jones v. Illinois Central Railroad Co.
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- 6 cases
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- Syllabus
- 1. Personal Property. Doy. A dog is property under the laws of this state, for any injury to which an action is maintainable by the owner. S. Railroads. LiaMUty for killing of dog. Unlawful speed of 1/rain. Instruction. Code 1892, § 3546. When a dog: has been killed in attempting- to run under a train that was, at the time, passing through an incorporated town at an unlawful rate of speed, in a suit by the owner, the question of whether or not the injury is attributable to the speed of the train is one for the determination of a jury, and a peremptory charge to find for the railroad company is erroneous.