Caldwell v. Evans

Citations

• 85 Ill. 170

Syllabus

<p>1. Trespass—opening fence under order of highway commissioners. The order of highway commissioners is no justification in trespass for opening the plaintiff’s fence so as to let cattle into his corn, when it is not shown there was a highway legally established at the place.</p> <p>2. Evidence—laying out road. In trespass for removing a fence over ground claimed for a road, unless a valid order establishing the road has been made, the other papers, such as the petition, etc., are not admissible, as they can only tend to confuse the jury.</p> <p>3. Same—res gestee. Where parties, in removing a fence, state that they are removing the same to open and construct a public road under the order of the commissioners of highways, their declarations will be admissible in evidence as a part of the res gestee.</p> <p>4. Damages—when too remote. In trespass for removing plaintiff’s fence, he can not recover for damages occasioned by being prevented from cultivating part of his land, and evidence tending to show such damages is properly excluded as being too remote.</p>