Chicago & Alton Railroad v. Henderson

Citations

• 66 Ill. 494

Syllabus

<p>Negligence—omission to ring bell or sound whistle at crossing. In an action against a railroad company to recover for the killing of a mule, it appeared that the plaintiff’s gate was broken open in the night, so thfct his mule escaped and got upon defendant’s track, where it was killed by a passing train;- that the train passed over two public streets in the village without ringing a bell or sounding a whistle, as required by the statute, just before reaching the mule, and that the only signal given, was that something was upon the track, which frightened the mule and caused it to run, but the train was then too near it to be checked so as to avoid the collision, and it appeared from this, that if the statute had been complied with the animal would probably have escaped: Held, that the company was liable.</p>