Toledo, Peoria & Warsaw Railway Co. v. Webster

Citations

• 55 Ill. 338

Syllabus

<p>1. Pleading—objection to declaration after verdict. It has been held, that in an action against a railroad company to recover for injury resulting from the wrongful act, neglect or default of the company, the insufficiency of the declaration, in that it is not averred the railroad owned by the defendants and used by them, was used in the county and State in which the action was brought, can not be taken advantage of after verdict.</p> <p>2. Venue—in an action against a railroad company. So in an action against a railroad company for injury to stock, it was held, upon a motion for a new trial and in arrest of judgment, it was not material that the plaintiff, in order to maintain his action, should have proven affirmatively the injury was done within the jurisdiction of the court.</p>