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SOU HR FENCESCourt 8ustaln» Demurrer of Rook It! and Road to Effect That it Has Compiled with Law Regarding Right of Way.HAS RECOURSE TO APPEALEuit for $500 Damages Fails to Establish Liability of Road for Straying Cattle.In the circuit court January 19 JudgeGest sustained the demurrer of theRock Island road in the suit of Will* lam Killing of Coal Valley township for $500 damageB for the destruction of pasturage as a result of the alleged failure of the company to properly fence its right ot way This ruling is equivalent to declaring mat the plaintiff has no ground for action, and his remedy lies in an appeaLMr Killing Is a farmer The railroad right of way passes through his premises. There are two bridges over which the railroad runs Passing un der one of these bridges the cattle belonging to Mr. Killing and his neighbor, Mr. Buchanan, could stray from one Md to another, and Mr Killing was especially annoyed because of the frequent necessity of tracing cattle and hofses.Mr Killing asked the railroad com pny to build fences under both bridges to prevent the truancy of his stock and that belonging to his neighbor The railroad company told Mr Killing that there was no law requiring the building of the fence, but as a matter of policy, to keep peace with its neighbors, fences were built under the bridges to shut off the pastures from the right of wayMr Killing insisted that the fences should extend across the bed of the creek, and the railroad company refused on the ground that It had fully complied with the law ^hereupon Mr Killing entered suit for damages in the sum of $500 The contention of the railroad company, which was represented at the hearing by E H Stafford, was that the law* required fences along the tracks only where life was endangered by the absence of fences. In the instances cited there was no danger, as the tracks are elevated so as to permit the passage of cattle under them Mr Killing was represented by T J enworthy
Newspaper Details
Moline Review Dispatch
Moline, Illinois, US
Fri, Jan 27, 1905
Page 7
Full Page
Clipped by
Washington-Centerville P.
OH, USA 08 Mar 2022
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