Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois (Volume 12; V. 42)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889. Excerpt: ... Syllabus. Statement of the case. plaintiff's son, who was in a position to have prevented it. The court should have given this instruction to the jury, and it was error to refuse it. As to the third instruction, it would have been entirely proper in the court to have told the jury, as there were three counts in the declaration, that the plaintiff must make a case by the proof, to fit one or the other substantially. But we do not think the plaintiff was confined to proof of the precise place where the fire originated, the gravamen of the action being, loss by fire occasioned by the negligence of the defendants, and whether that fire commenced on the right of way in the first instance, and then spread to the meadow, is not very material. The third count we think was sufficiently established. It is a very strong presumption indeed, that this particular engine had no sufficient spark arrester, and, having none, the defendants are liable for the injury done by it. For refusing to give the second instruction, the judgment must be reversed and the cause remanded. Judgment reversed. Hickman Henderson v. Clark B. Lagow et al. Taxation by counties, to pay soldier's bounties--constitutionality of a law authorizing it. An act of the legislature authorizing counties to levy a tax to pay bounties for volunteers in the late war, in order to save the county from a draft, is constitutional. Writ Of Error to the Circuit Court of Crawford County; the Hon. Aaron Shaw, Judge, presiding. This was a bill in chancery exhibited in the court below by Clark B. Lagow and John E. Decker against Hickman Henderson, as sheriff of Crawford county, for the purpose of enjoining Opinion of the Court. the collection of a tax levied by the County Court of that county, to pay bounties for volu...