Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1905-01-19
No Liability for His Neighbor's
Cattle Grazing on His
Farm.
RULING GIVEN BY JUDGE GEST
Plaintiff Sues to Recover $500 DAM
= ages from Rock Island
Road.

struction of pasturage, sustaining the
position OF the defendant
Mr.. Killing is a farmer. The rail
road right OF way passes through his
premises. There are two bridges over
which the railroad runs. Beneath one
Of these bridges the cattle belonging
TO Mr.. Killing and his neighbor had a
habit of visiting. When picking got
poor on the farm of Mr.. Buchanan.
Mr.. Killings neighbor. Mr.. Buchanan $
stock would wander over to Killing s
and get feed. Mr.. Killings stock. not
TO be cheated. would go elsewhere. and
il kept him busy tracing his cattle and
horses.
He asked the railroad company TO
build fences under both bridges TO
prevent the truancy of his stock and
that belonging to his neighbor. When
the railroad company told Mr.. Killing
that there was no law requiring the
building of the fence, he instituted a
mandamus suit Before this was heard
the railroad company. as a matter of
policy, TO keep peace with its neigh
bors. built the fences under the
bridges.
Thereupon Mr.. Killing entered suit
for damages in the amount stated. The
contention of the railroad company
which was represented at the hearing
by K. II. Stafford. was that no liability
was involved; that the law required
fences along the tracks only where
life was endangered by the absence of
b. l.
was no danger, as the tracks are eleva-
ted so as to permit the passage of cat
tie under them. Mr.. Killing was rep
resented by J. T. Kenworthy.
Criminal Docket Begin. Feb. Ii.
II has been decided that there shall
be two weeks, instead of one. of court
without a Jury. in order TO dispose OF
various motions and demurrers. Ac-
cordingly. the criminal docket will not
be taken up until Feb. -. instead of
Jan. 80, as announced heretofore.
Memorial To Judge Glenn.
Tomorrow morning the Rock Island
County Bar association will hold a
meeting for Judge John J. Glenn, who
served many years on the local bench.
and whose death occurred recently at
his home in Monmouth. There will be
eulogies and "reminiscences b. the old
er members of the bar who had long
been associated with the dead jurist.
Rule. of Practice Agreed On.
The committee appointed by the
bar To- prepare rules OF practice held
meeting this morning and drafted q
report that is To be sumbitted TO the
association for approval at a later
date. The committee will recommend
continuance OF the morning hour for
the entering of demurrers and mo-
tons. the jury To- be called at 10
O'Clock and also that the first. sixth.
18th and last weeks of each term be
given over exclusively To the consid-
Grafton of contested motions and
chancery business. there To- be no jury
trials in those periods. These are the
more important recommendations, the
other rules conforming 10 those that
have been practiced for years in the
local court.
Orders of Court-Law.
co. Smith Bros. & Burdick company
VS. Rinck: assumpsit. Defendant
comes and files his stipulation for
judgment against him for the sum OF
s25257. and judgment thereon for that
amount and costs and execution.
75. Furbos VS. Wright; debt. Defend
ant called and defaulted.
SO. Steckman VS.. c.. Il. I. & p. Rail
way company; case. Case proceeds
Defendant ruled 10 plead by the 26th
inst
) 222. Killing VS.. C, r. l. & p Railway
company: assumpsit Demurrer TO dec
laration is sustained.
Chancery Orders.
IS. Eastman VS.. Atkinson. ct al; par
tition Stipulation filed and cause re-
ferred 10 master
1876, Everett. ct al. VS.. Wadsworth.
ct al; partition. Masters report of
sale heretofore filed is approved. Cause
again referred TO master TO ascertain
solicitors fees. value of widows dover
and fees OF guardian ad litem.
l64, Framing. CT al, VS.. Bracket, et
al. bill. Masters report filed and APP
proved and decree thereon.
los. Same VS.. Dwinelle. et al; same:
same order.
$50. Dain VS.. Swenssen; foreclosure.
Masters report of sale and disburse
ment of proceeds filed and approved
and cause stricken.
1872. Walker vs.. Feaster. ct al: parti-
ton. Masters report of sale hereto
fore fled is approved.
1870. Fisher. et al. VS.. Shoebridge. ct
al; bill to quiet title. II. NJ Schriyer
aDDOiutsd Guardian al Item for Rem ia
min Frysinger; answer of guardian Gd
Item filed and replication. All other
defendants called and defaulted and
cause referred To master.
ho h..