{
  "id": 5316335,
  "name": "The Chicago and Alton Railroad Company v. Milam M. Engle",
  "name_abbreviation": "Chicago & Alton Railroad v. Engle",
  "decision_date": "1875-01",
  "docket_number": "",
  "first_page": "317",
  "last_page": "319",
  "citations": [
    {
      "type": "official",
      "cite": "76 Ill. 317"
    }
  ],
  "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": 2924,
    "ocr_confidence": 0.561,
    "pagerank": {
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    "sha256": "aee751604baafd86a2ec9e8599b4ac278d30753d3f1dd0a18b0634eab1734043",
    "simhash": "1:a414ac40ffe9add0",
    "word_count": 509
  },
  "last_updated": "2023-07-14T20:59:10.100826+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The Chicago and Alton Railroad Company v. Milam M. Engle."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McAllister\ndelivered the opinion of the Court:\nIn order to a recovery under his declaration, it was indispensable that appellee should have shown the ordinance of the town of Greenview to have been in force at the time of the alleged killing of his horse by appellant\u2019s train. The act incorporating the town provides, that \u201cno ordinance shall be of any force until the same shall have been advertised, by publishing copies in three public places in said town for ten days,\u201d but contains no provision as to how proof of publication shall he made. In the absence of any such provision, common law evidence of the fact of posting copies in three public places should ha%-e been adduced.\nThe court below permitted the ordinance to be read in evidence, against the defendant\u2019s objection, upon the mere certificate of the town clerk that it had been \u201cpublished on the 19th day of June, A. D. 1868, by posting up three copies as required by law.\u201d There being no statute making such certificate evidence of the fact of publication, it was incompe- . tent, and the ordinance not admissible in evidence, or, if it was, no force could be attributed to it, until the fact of publication, as required by the charter, was shown by competent evidence.\nThe judgment will be reversed, and the cause remanded.\nJudgment reversed.",
        "type": "majority",
        "author": "Mr. Justice McAllister"
      }
    ],
    "attorneys": [
      "Mr. N. W. Branson, for the appellant.",
      "Messrs. Morrison & Whitlock, for the appellee."
    ],
    "corrections": "",
    "head_matter": "The Chicago and Alton Railroad Company v. Milam M. Engle.\n1. Obdutancb\u2014publication, how proved\u2014evidence. 'Where the charter of a town provided that \u201cno ordinance shall be of any force until the same shall have been advertised, by publishing copies in three public places in said town for ten days,\u201d but contains no provision as to how proof of publication shall be made, it must be proved as at common law. The certificate of the town clerk of the due publication of an ordinance, as required by law, is not admissible to prove publication.\n2. In a suit against a railway company, to recover for the killing of an animal within the limits of an incorporated town, On the ground of an alleged violation of an ordinance of the town by the company, in running its train at a prohibited rate of speed, it is indispensable to a recovery that the plaintiff should prove that the ordinance was in force at the time of the alleged accident.\nAppeal from the Circuit Court of Menard county; the Hon. Lyman Lacey, Judge, presiding.\nTin's was an action on the case, by Milam M. Engle against the Chicago and Alton Railroad Company, to recover damages for the killing of plaintiff\u2019s horse in the incorporated town of Greenview, by one of defendant\u2019s trains of cars. The ground of recovery, alleged in the declaration, was the running of the train at a greater rate of speed than six miles an hour through the town, in violation of an ordinance of said town. The plaintiff recovered judgment fpr \u00a7244.335, and defendant appealed.\nMr. N. W. Branson, for the appellant.\nMessrs. Morrison & Whitlock, for the appellee."
  },
  "file_name": "0317-01",
  "first_page_order": 319,
  "last_page_order": 321
}