Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois (Volume 9; V. 39) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1868. Excerpt: ... Syllabus. Statement of the case. Opinion of the Court. have waived his lien to their portions, we do not see that it was necessary to make them parties. The decree of the court below is reversed, and the cause remanded for further proceedings. The Peokia, Pekin And Jacksonville Railroad Co. 1. Brrj. OP EXCEPTIONS--its reqwsites--presumption. Where a bill of exceptions does not purport to contain all the evidence, the verdict below will not be disturbed, but it will be presumed there was sufficient evidence to support it 2. Paktiks--right of bailee to sue. The right of a bailee of personal property, as one who is in possession of an animal which he has taken up as an est ray, to sue for and recover damages, in his own name, for injury to such property, is unquestionable. 4 Appeal from the Circuit Court of Mason county; the Hon. James Harriott, Judge, presiding. On the 1st of November, 1863, Mclntire came into the possession of a cow, by having taken her up as an estray, which he posted as such. Subsequently, and while the animal was still in his possession, it was run over and killed by a train of cars on the Peoria, Pekin and Jacksonville railroad. Mclntire brought suit against the railroad company for the value of the cow, and, upon a trial of the cause, obtained a judgment, from which the company appealed to this court. Mr. C. A. Roberts and Mr. N. W. Green, for the appellants. Mr. Lyman Lacet, for the appellee. Mr. Justice Breese delivered the opinion of the Court: This action was originally commenced before a justice of the peace of Mason county, by Alexander Mclntire against the v. Alexander Mcintire. Opinion of the Court. Peoria, Pekin and Jacksonville Railroad Company, under the act of 1855, for killing a cow by one of the engines of that company. ...