Atchison, Topeka & Santa Fe Railroad v. Elder

Citations

• 149 Ill. 173
• 36 N.E. 565

Syllabus

<p>1. Negligence—of railroads—reckless rate of speed of train. If a passenger on a railway train is injured in person by the company running the train at a dangerous rate of speed, whereby the train strikes a cow on the track and is thrown off the track, the passenger will be entitled to recover damages for his injuries.</p> <p>2. Same —failure of railroad company to fence its right of way. If a railway company, within six months after the use of its road, fails to fence its track and erect suitable cattle-guards outside of the limits of a village at or near which an accident happens, and in consequence of such failure a cow and calf go upon the track and are struck by a passenger train, whereby a passenger on the train is injured, the latter will be entitled to recover for the injury.</p> <p>3. In an action by a passenger against a railway company to recover for a personal injury on the ground of neglect to fence its track, there was evidence to show that the railroad was not fenced for some distance south of a village, and that there were no cattle-guards sufficient to keep cattle off the track. The evidence showed that a cow and calf went on the track near the depot at the village and ran down the track to the place where the cow was struck, and the train was thrown from the track, and it appeared that if the road had been fenced and a suitable cattle-guard placed at the south end of the village the cow could not have followed the track beyond the limits of the village and the accident would not have occurred : Held, that there was ample evidence tending to show negligence on the part of the defendant.</p> <p>4. In such case, it was contended that the defendant was not bound to fence its track where the cow entered upon the same. The cow entered upon the defendant’s track near the depot, within the corporate limits of the village; but at the southern limits of the village the cattle-guard was insufficient to prevent stock from passing down the track, and from tha