Cairo & St. Louis Railroad v. Peoples

Citations

• 92 Ill. 97

Syllabus

<p>Negligence as to fencing railroads—injury to stock—constitutionality of act allowing double damages. Section 37, of chapter 114, Rev. Stat. 1874, p. 807,* which provides that if any railroad corporation shall fail to erect and maintain suitable fences on either side of the road, etc., sufficient to prevent stock from getting on the track, such company shall be “ liable for double the amount of all damages,” is not obnoxious to that clause of the constitution of 1870 which provides that “ no person shall be deprived of life, liberty or property, without due process of law.” The act provides a compensation to the owner, and inflicts a penalty upon the company for neglect of duty, both of which are recoverable by the owner. The infliction of the penalty in such case can not be regarded as depriving a person of his property “ without due process of law.”</p>