Chicago & Alton Railroad v. Gasaway

Citations

• 71 Ill. 570

Syllabus

<p>1. Constitutional law—bringing Texas cattle into this State. The constitutionality of the act to prevent the importation of Texas or Cherokee cattle into this State, approved Feb. 27, 1867, has been frequently affirmed and recognized b3r this court in numerous cases, and as there is nothing in the amendment to that act, .approved April 16, 1869, to which the reasoning in these cases is not equally applicable, it seems that the question of the constitutionality of the amendment is settled.</p> <p>2. Railroad company—liable for injury occasioned by bringing Texas cattle into this State. A railroad company is not bound, as a common carrier, to receive for transportation that which the law prohibits it from carrying, and it is liable for any injury occasioned by its bringing Texas or Cherokee cattle into this State as such common carrier, the same as an individual is.</p> <p>8. And -whether a railroad company acts in good or bad faith in violating the law, the extent of the injury resulting from the violation to the property of individuals or other corporations is manifestly the same, and the burden should be borne by the party whose act causes or contributes to the loss or injury, rather than by the owner who is without fault.</p>