Cairo & St. Louis Railroad v. Murray

Citations

• 82 Ill. 76

Syllabus

<p>1. Summons—form, of, in suits before justices of the peace. The statute does not require a different form of summons, in a suit brought before a justice of the peace to recover penal damages, than in ordinary actions.</p> <p>8. Appeals—¿from justices, must be tried on the evidence. On the trial of an appeal from a justice of the peace, the rights of the 'parties are to be determined on the proofs, unless it appears, from the evidence, that the justice had no jurisdiction of the subject matter.</p> <p>3. Negligence—liability of railroad company for stoch hilled from want of fence. The mere fact that stock is running at large, in violation of statute, does not relieve railroad companies from liability for an injury to them, resulting from a neglect to fence their road, and no other negligence need be shown.</p>