Cairo & St. Louis Railroad v. Woosley

Citations

• 85 Ill. 370

Syllabus

<p>v 1. Practice—proof of title to land, without objection. In trespass for injury to land, if the plaintiff is allowed to testify to his purchase and ownership of land without objection, this will be sufficient evidence of title in him to maintain the action. Objection to such evidence comes too late in this court.</p> <p>2. Respondeat superior— liability of railway company for tortious acts of men employed by contractor. A railway company is liable for the trespass of hands employed by its contractors while engaged in the construction of its road, and where the fact appears that the trespass consists in entering upon the plaintiff’s land and digging up the soil, and making embankments, it is not error to refuse evidence that the company had nothing to do in employing the hands doing the work, but that they were employed and paid by the contractors.</p> <p>3. Possession—where it extends to whole tract. Where ownership of land, is proven in a party, it will extend to and embrace the entire tract, although proof is made by parol evidence, if given without objection.</p> <p>4. Trespass—when it lies. A party, by virtue of his ownership of land, can maintain trespass against an intruder upon the same, where there is no adverse possession.</p> <p>5. Evidence—opinion as 1¿o damages. In trespass against a railway company for an unauthorized entry upon the plaintiff’s land, and digging up the soil, erecting embankments, and obstructing water courses so as to flood the land, where witnesses first state that they have personal knowledge of the injuries, and detail their character, it is then competent to receive their opinions as to the amount of the damages sustained.</p> <p>6. Negligence—liability for stock hilled where road is not fenced. The fact that the owner of stock permits it to run at large, in violation of the act prohibiting domestic animals from running at large, does not relieve railroad companies from their duty to fence their roads, or their liability for stoc