Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 206

Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 206

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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: ... of the sale to pay the money, but before that time delivered the deed to the defendant bank, and no tender of the amount paid by such party who made the higher bid was ever made, held that it was the sherifs mandatory duty to execute the deed to the defendant bank. Jep Borah, Appellee, v. Southern Railway Company, Appellant. 1. Rnrnaoxns, 889'--when instruction on liability of railroad for injury to animal on track is erroneous. In an 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 be saved from injury, then it is the duty of such servants to exercise that degree of care, and a failure so to do if 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. Rsrnsonns, 784'--when company liable for injury to animal 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. XI to XV. and Cumulative Qllrhrly, name topic and section...show more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236987233
  • 9781236987235