{
  "id": 2842158,
  "name": "John Replogle, Appellee, v. Toledo, St. Louis and Western Railway Company, Appellant",
  "name_abbreviation": "Replogle v. Toledo, St. Louis & Western Railway Co.",
  "decision_date": "1913-10-16",
  "docket_number": "",
  "first_page": "338",
  "last_page": "339",
  "citations": [
    {
      "type": "official",
      "cite": "184 Ill. App. 338"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2143,
    "ocr_confidence": 0.54,
    "sha256": "52084f8adfc18424b504f33330f0e88dc366fdb24071d974d8b1ac31c3260dd8",
    "simhash": "1:3bfc9ba695016270",
    "word_count": 368
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  "last_updated": "2023-07-14T18:47:41.859813+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John Replogle, Appellee, v. Toledo, St. Louis and Western Railway Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Thompson\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Thompson"
      }
    ],
    "attorneys": [
      "A. J. Fryer and C. E, Pope, for appellant; Charles A. Schmettau, of counsel.",
      "J. H. Marshall, for appellee."
    ],
    "corrections": "",
    "head_matter": "John Replogle, Appellee, v. Toledo, St. Louis and Western Railway Company, Appellant.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Coles county; the Hon. Mobton W. Thompson, Judge, presiding.\nHeard in this court at the April term, 1913.\nAffirmed.\nOpinion filed October 16, 1913.\nStatement of the Case.\nAction by John Replogle against Toledo, St. Louis and Western Railway Company to recover damages for the killing of a horse and a sheep alleged to have been caused by the failure of the defendant to maintain fences and for failure to construct and maintain cattle guards at road crossing. From a judgment in favor of plaintiff for one hundred and eighty-seven dollars* defendant appeals.\nAbstract of the Decision.\n1. Railroads, \u00a7 882 \u2014when place and manner in which stock was killed questions for jury. In an action against a railroad for killing a horse alleged to have been caused by failure of defendant to construct and maintain cattle guards at road crossing, whether the horse was struck by defendant\u2019s locomotive while it was on defendant\u2019s right of way or whether the horse ran against the side of the engine in attempting to cross the track at the road crossing held questions for the jury.\n2. Set-off and recoupment, \u00a7 6 \u2014right of railroad company to set-off in action for negligently killing stock. Railroad company is not entitled to have a claim for damages to its locomotive resulting from plaintiff\u2019s stock running against the side thereof, in an action against the company for negligently killing the stock, and refusal of court to give an instruction allowing defendant such set-off held not error.\n3. Set-off and recoupment, \u00a7 9 \u2014demands which may he set-off. The nature of demands to which set-off may be pleaded is controlled by statute. Under R. S. c. 110, \u00a7\u00a7 33, 47, J. & A. \u00b6\u00b6 8570, 8584; set-off is a proper plea in assumpsit, but not in an action on the case.\nA. J. Fryer and C. E, Pope, for appellant; Charles A. Schmettau, of counsel.\nJ. H. Marshall, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0338-01",
  "first_page_order": 362,
  "last_page_order": 363
}