Chicago & Northwestern Railway Co. v. Shultz

Citations

• 55 Ill. 421

Syllabus

<p>1. Parties—who may recover for injury to property. A person in possession of an animal, which he has taken up as an estray, may maintain an action against a wrong doer for injury thereto, although such party in possession, in endeavoring in good faith to comply with the requirements of the law in regard to estrays, omitted to give the requisite notice in respect to the same.</p> <p>2. As a general proposition, subject, it may be, to some exceptions, any person in the peaceable possession of property, may sue and recover for any wrongful damage it may sustain, against any person but the true owner; and even against him, if the possession of the former is rightful, and coupled with an interest, or he has a qualified property therein.</p> <p>3. Former recovery—when a bar. In this case, a party had taken up a colt as an estray, and after he had been in possession of the colt about eight months, it was run over and killed by a railroad train, by reason of the negligence of the company. The party so taking up the estray, in attempting to comply witii the law, failed to post the animal in the proper manner, yet he could recover against the railroad company for the wrongful injury to the property, and such recovery would be a bar to any subsequent action against the company, by the true owner, for the same injury.</p> <p>4. Interest—when recoverable—in an action for wrongful injury. In an action on the case to recover for an injury to property, resulting from the negligence of the defendant, it is proper to allow the plaintiff interest from the time the injury was done.</p>