St. Louis & Southeastern Railway Co. v. Casner

Citations

• 72 Ill. 384

Syllabus

<p>1. Jurors—right to challenge a/rray waived by swearing a jury. After a jury for the trial of a cause has been called, impanneled and sworn from the regular list of jurors in attendance, a challenge to the array comes too late. It is waived by the previous calling and swearing of the jury.</p> <p>2. Evidence—what facts a jury may infer from facts proved. Where the evidence in a suit against a railroad company for killing stock showed that the stock was not killed within a corporation nor near a crossing, the jury might infer that it was not killed within the limits of a town, city or village.</p> <p>3. Evidence that a cow was found killed within a mile and a quarter of the plaintiff’s house is sufficient proof that she was killed within five miles of a settlement; and evidence that a colt which was killed was kept up, and only ran out to water, is sufficient from which a jury might infer that it was killed within five miles of a settlement.</p> <p>4. In a suit against a railroad company for killing stock, where the evidence is that the road was not fenced at the place where the stock was killed, it is but a fair inference that the stock got upon the road at the place where it was killed.</p>