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· 6/15/1879

Chicago & Alton Railroad v. Kellam

Citations

  • 92 Ill. 245

Syllabus

<p>Negligence—not slackening speed of train. Where an engine-driver sees, or can see in time to slacken the speed of his train, a lot of cattle crossing the railroad track upon a highway, but does not stop the train or slacken its speed, and kills an animal which has escaped from the owner’s inclosure, this will show negligence on his part of a high degree, and the railroad company will be liable for the value of the animal so killed. Such a case is not like the cases where the cattle were quietly grazing alongside the track when discovered.</p>

Judges: Scott

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