St. Louis, Jacksonville & Chicago Railroad v. Thomas

Citations

• 47 Ill. 116

Syllabus

<p>1. Pleading—of laying the venue in the declaration. Where, in an action of trespass on the case, against a railroad company for killing stock, the first count in the declaration alleges the act complained of to have been committed “ at the circuit aforesaid,” and that the defendant “was, then and there, a corporation, operating and doing business, under and by virtue of the laws of the State of Illinois, and was, then and there, possessed of a certain railroad track, over and upon which the said defendant was, then and there, running divers locomotive engines and railroad cars,”—although not accurate in form, the words “then and there” obviously refer to the time and place previously mentioned, which appeared in the caption; no other time and place having preceded the phrase “ at the circuit aforesaid,” in the averment, the venue is laid with sufficient accuracy.</p> <p>2. So, where the second and subsequent counts in the declaration, allege the act complained of to have been committed “at the circuit aforesaid,” and that the defendant “ was then and there running certain other locomotive engines and railroad cars,” whereby certain other described stock were killed, and the plaintiff thereby sustained great damage, the venue in these subsequent counts in the declaration, was laid with sufficient accuracy.</p> <p>3. Same—of the declaration. Where the declaration, in such a case, negatives in substance, all the exceptions in the statute, although not in the most formal manner, it is not demurrable on that ground alone.</p>