People ex rel. Beaird v. Illinois & St. Louis Railroad & Coal Co.

Citations

• 122 Ill. 506
• 14 N.E. 261
• 1887 Ill. LEXIS 995

Syllabus

<p>1. RailboadS'—neglect to furnish transportation for coal not yetmined. The statute, which provides that “every railroad corporation in the State shall start and run cars for the transportation of such passengers and property as shall, within a reasonable time previous thereto, be ready or offered for transportation,” can not be so extended as to include coal in the earth, to be dug and raised from the mines after cars are furnished, so that the carrier, for any neglect in that regard, will be subject to the treble penalty provided in the statute.</p> <p>2. Appeal—reviewing action of Appellate Court—only as to matters of record, and upon assignment of error. The action of the Appellate Court in refusing to allow an amendment of the record on petition for a rehearing, so as to obviate an error apparent in the record, can not be reviewed by this court, when such refusal is not assigned for error, and when the stipulation of the parties to amend the transcript of the record from the trial court is not made a part of the record of the proceedings in the Appellate Court.</p> <p>3. Same—what becomes apart of the record. The statement of the clerk of the Appellate Court, that a stipulation of the parties in a case was filed in that court, giving a copy thereof, will not make the stipulation a part of the reetird.</p> <p>4. Same—examining opinion of Appellate Cov/rt—reviewing facts. This court can not look into the opinion of the Appellate Court to learn on what its judgment was based, nor will it examine, the evidence to ascertain whether the Appellate Court found correctly as to the facts in the case.</p> <p>5. Same—non-recital of facts by Appellate Court. If the Appellate Court does not recite the facts of the case in its final order, it will be deemed to have found them the same as the trial court.</p>