Reports of Cases At Law And in Equity Argued And Determined in the Supreme Court of Illinois 33 (November Term, 1863, to January Term, 1864)
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v. Barrie, 55 id., 226. 164 JANUAEY TERM, 1864. 290 Illinois Cent. R. R. Co. v. Swearingen. Same. The road must be held to a high degree of diligence in the performance of this duty, but not to an impossible or unreasonable extent.' (In Illinois Cent. R. R. Co. v. Dickerson, 27 111. 55, reasonable diligence is said to be all the law requires.) Actions: Case against railroads for killing stock, a transitory action; act of 1853. An action on the case against a railroad for killing stock escaping ...upon its track, by reason of the company's failure to keep the adjoining fence in repair, is transitory and not local, either by the common law or the statute. The act of 1853 (Se&s. Laws, 65), only relates to actions at law or suits in chancery, where service could not be had by summons, in which cases it authorized publication instead of actual service. The 6th section of that act confined the bringing of such suits to the county in which the cause of action occurred. This is the scope of that act, which was not intended to apply to cases where service could be had.
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