{
  "id": 5270237,
  "name": "Ohio & Mississippi Railroad Company v. Noah Brubaker",
  "name_abbreviation": "Ohio & Mississippi Railroad v. Brubaker",
  "decision_date": "1868-06",
  "docket_number": "",
  "first_page": "462",
  "last_page": "463",
  "citations": [
    {
      "type": "official",
      "cite": "47 Ill. 462"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2076,
    "ocr_confidence": 0.527,
    "pagerank": {
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    "sha256": "3b5fc16603ad7c6b8fc9bd6943f2b4c94149cb27f67d884c0a955bc7cafba0ce",
    "simhash": "1:1eb4d9a67cae5ee8",
    "word_count": 337
  },
  "last_updated": "2023-07-14T21:11:57.354715+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Ohio & Mississippi Railroad Company v. Noah Brubaker."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Lawrence\ndelivered the opinion of the Court:\nThis was an action against a railway company for killing an ass, and the only question raised upon the record is, whether that animal falls within the protection of the statute which requires railway companies to erect and maintain fences \u201csufficient to prevent cattle, horses, sheep and hogs from getting on such railroad.\u201d\nThis statute is not, as assumed by counsel for appellants, a penal statute, and, therefore, to be strictly construed. It is, on the contrary, a remedial statute, imposing a reasonable duty on railway companies, and furnishing a remedy to parties injured in case that duty is not performed. Its object was to protect domestic animals, and there can be no doubt the legislature intended to protect mules and asses as mucli as horned cattle, horses, sheep or hogs. Heither does the language of the statute create any difficulty in carrying out what we must presume to have been the legislative intent. The horse and the ass are both defined by lexicographers as \u201c quadrupeds of the genus equus,\u201d and the term \u201c cattle \u201d is defined by the same authorities as including horses and asses as well as domesticated horned animals. There are, then, two terms used in the statute, in either of which the ass might be included.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Justice Lawrence"
      }
    ],
    "attorneys": [
      "Mr. H. P. Buxton, for the appellants.",
      "Messrs. Willard & Goodnow, for the appellee."
    ],
    "corrections": "",
    "head_matter": "Ohio & Mississippi Railroad Company v. Noah Brubaker.\n1. Construction of - statutes\u2014railroad company fencing against stock. The statute which requires railroad companies to make and maintain fences. \u201c sufficient to prevent cattle, horses, sheep and hogs from getting on such railroad,\u201d is not a penal statute, but remedial, and will receive a liberal construction.\n2. Killing stock\u2014mules and asses included in the term cattle. Railroad companies, under the act above referred to, are liable for killing mules and asses, these animals being included in the terms, \u201c \u00f3attle and horses.\u201d\nAppeal from the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding.\nMr. H. P. Buxton, for the appellants.\nMessrs. Willard & Goodnow, for the appellee."
  },
  "file_name": "0462-01",
  "first_page_order": 470,
  "last_page_order": 471
}