{
  "id": 858599,
  "name": "The St. Louis, Alton & Terre Haute Railroad Company v. Louis Stapp",
  "name_abbreviation": "St. Louis, Alton & Terre Haute Railroad v. Stapp",
  "decision_date": "1894-06-23",
  "docket_number": "",
  "first_page": "600",
  "last_page": "603",
  "citations": [
    {
      "type": "official",
      "cite": "53 Ill. App. 600"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "142 Ill. 578",
      "category": "reporters:state",
      "reporter": "Ill.",
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        3087846
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    {
      "cite": "40 Ill. 218",
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      "reporter": "Ill.",
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        426061
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    {
      "cite": "72 Ill. 60",
      "category": "reporters:state",
      "reporter": "Ill.",
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        2711846
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    {
      "cite": "16 Brad. 210",
      "category": "reporters:state",
      "reporter": "Bradf.",
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    },
    {
      "cite": "142 Ill. 578",
      "category": "reporters:state",
      "reporter": "Ill.",
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        3087846
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        "/ill/142/0578-01"
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  "analysis": {
    "cardinality": 387,
    "char_count": 6357,
    "ocr_confidence": 0.466,
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  "last_updated": "2023-07-14T16:03:00.879097+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The St. Louis, Alton & Terre Haute Railroad Company v. Louis Stapp."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Green\ndelivered the opinion of the Court.\nThis suit was brought in justice\u2019s court, appealed to the Circuit Court, and there appellee recovered a judgment against appellant for $100 damages and costs of suit. The right to recover is based upon the alleged negligence of appellant\u2019s servants in running its freight train within the city limits of Belleville at a greater rate of speed than six miles an hour, in violation of the city ordinance; in failing to ring a bell or sound the whistle while so operating said train, and in negligently failing to stop the train in time to avoid striking appellee\u2019s horse, by means of which negligence appellee claims his horse was struck and killed by the engine pulling said train.\nThe horse escaped from the stable of appellee in Belleville, got upon appellant\u2019s railroad track, ran on and along the same to a place in a trestle bridge, over which said track was constructed, and was there struck by the engine pulling appellant\u2019s freight train and pushed off the side of the bridge into the water. The track over which the horse ran, and the bridge, were within the city limits, and the horse got on said track at a place where appellant was not required to fence it. When found shortly after the accident, appellee says the fore legs were broken, and the other witness testifying as. to the injuries says the hind legs were broken; both testified there was a large wound in the side of the horse. When struck and killed, the animal was a trespasser, and in striking it with the engine it does not appear appellant\u2019s servants did so willfully, or that they were guilty of gross negligence; on the contrary, unless we reject the testimony of those servants, the only witnesses who saw and described how the accident occurred and the acts of those then operating the train, it does appear that so soon as the animal was discovered by them to be lying on the bridge, they used all diligence and every means at their command to stop the train and prevent the collision. The jury also say in a special finding the train did stop as soon as possible after the horse was discovered by the company\u2019s servants. When animals trespass upon the track of a railway company, the duty of the company to exercise care as to them, arises only after discovering them on the track. Ill. Cent. R. R. Co. v. Noble, 142 Ill. 578, and cases there cited.\nThe testimony of these witnesses also shows they could not have discovered the horse on the bridge until the train had reached the point at which they first saw it. As to the speed of the train and failure to give the statutory signals, appellee testified it was running twenty-five or thirty miles an hour, and he heard no bell or whistle. One other witness on his behalf was examined to establish the same facts. He testified he was in a stable attending a sick mule; that he heard a train pass; heard no bell or whistle; train was going twenty-five or thirty miles an hour. He then said in answer to the question, \u201c Do you mean about twenty-five or thirty miles an hour ? \u201d asked by plaintiff\u2019s counsel, \u201c Ho, I mean in quarter of an hour.\u201d He was then asked, \u201c In one hour ? \u201d and answered \u201c In a quarter of an hour; \u201d and was then asked, \u201c The train was running very fast you say? \u201d and answered \u201c Yes sir; pretty fast.\u201d He also said, the time was between three and four o\u2019clock in the morning. On cross-examination he testified another train had passed half an hour before that; that he did not see the train that struck the horse; that the train he saw was the paper train, and not the train plaintiff spoke about. As against this evidence on behalf of plaintiff, is the uncontradicted fact that the place at which plaintiff testified the train was running at such a high rate of speed was but a short distance from a coal shute at which the train was about to stop, and did stop to take on coal. These facts render it quite improbable that the train was being run twenty-five or thirty miles an hour at the place indicated by plaintiff and are corroborative of the testimony on behalf of defendant, that the speed was between four and six miles an hour and not greater.\nThe employes of appellant, who testified as to signals, all say the whistle was blown for crossings, and the bell was rung continuously while the train was running through the city. Without lengthening this opinion with a further detail of the evidence it is sufficient to say that a careful examination of the record satisfies us that the jury disregarded or rejected material evidence favorable to appellant, and reluctant as we are to set aside verdicts, a sense of duty impels us to do so in this case, and reverse the judgment. Judgment reversed and cause remanded.",
        "type": "majority",
        "author": "Mr. Justice Green"
      }
    ],
    "attorneys": [
      "Appellant\u2019s Brief, Turner & Holder, Attorneys.",
      "Wm. Winkelman, attorney for appellee."
    ],
    "corrections": "",
    "head_matter": "The St. Louis, Alton & Terre Haute Railroad Company v. Louis Stapp.\n1. Railroads\u2014Animals Trespassing on Track.\u2014When animals are trespassing on the track of a railroad company, the duty of the company\u2019s servants to exercise care as to them, arises only after discovering them on the track.\n2. Verdict\u2014Disregard, of Evidence.\u2014Where an examination of the record satisfies the Appellate Court that the jury disregarded or rejected material evidence, favorable to the defended party, the verdict will be set aside.\nMemorandum.\u2014Action for killing domestic animals. Appeal from the Circuit Court of St. Clair County; the Hon. Alonzo S. Wilderman, Judge, presiding. Heard in this court at the February term, 1894.\nReversed and remanded.\nOpinion filed June 23, 1894.\nThe opinion states the case.\nAppellant\u2019s Brief, Turner & Holder, Attorneys.\nRailroad signals at crossings are intended to serve a useful purpose, and to he a warning to persons capable of understanding their object. They were not intended for dumb animals. Terre Haute & Ind. R. R. Co. v. Jenuine, 16 Brad. 210.\nBefore any liability can arise from an omission to give these cautionary signals, it must appear in some way from the evidence that the injury was the consequence of such omission. Q., A. & St. L. R. R. Co. v. Wellhoener, 72 Ill. 60; Chicago & Rock Island Railroad Co. v. McKean, 40 Ill. 218.\nWhere animals trespass upon the track of a railway company, the duty of the company to exercise care as to them, arises only after discovering their presence on the track. Ill. Central Railroad Co. v. Noble, 142 Ill. 578.\nWm. Winkelman, attorney for appellee."
  },
  "file_name": "0600-01",
  "first_page_order": 596,
  "last_page_order": 599
}