Centralia & Chester Railroad v. Brake

Citations

• 125 Ill. 393
• 17 N.E. 820

Syllabus

<p>1. Fencing railroads—duty and liability in respect thereto. By the statute every railroad corporation is required, within six months after any part of its line of railway is open for use, to erect and thereafter maintain fences on both sides of its right of way, so far as the railroad has been opened for use, except at certain designated places, suitable and sufficient to prevent stock from getting thereon.</p> <p>2. The failure of a railway company to perform the statutory duty to fence its roadway after the expiration of six months, renders the corporation liable, prima facie, for stock killed or injured by its agents, engines or cars. The company may, however, avail itself of the whole six months in which to perform the duty, and if, prior to the expiration of that time, stock gets upon the railroad and is killed or injured, the owner can not recover without proving negligence on the part of the company.</p> <p>3. Before the time has elapsed in which a railway company is required to fence its road, it will be liable only for injuries to stock resulting from its failure to properly construct its road, or to manage and operate its locomotives and cars in a reasonable and prudent manner.</p> <p>4. Eminent domain—elements of damages—inconvenience or injury from throwing open farm lands, leaving them unfenced. The inconvenience of having a man’s farm or pasture land thrown open during the construction of a railway through the same, and for six months after the road is open for use, may be a material element of damage, and may be considered by the jury in the assessment of damages to the land not taken.</p> <p>5. While it would be clearly incompetent and improper for the jury to enter upon conjecture as to the probable injury to stock, or the damages that may result therefrom, during the time the company is not required to fence its road, yet if, in consequence of the appropriation of the land by the company as a right of way, the present market value of the land th