Chicago & Alton Railroad v. McMorrow

Citations

• 67 Ill. 218

Syllabus

<p>Negligence—-failure to fence. In an action to recover for the killing of a horse by the defendant’s train, brought under the act of 1855, concerning the fencing of railroads, where the evidence showed the entire sufficiency of the fences, and that the horse was killed at the crossing of a public road where the company had constructed and maintained suitable cattle guards, and that he got upon the track from the road: Held, that under such a state of facts the company could not be held liable, except upon the ground that the act was wilful or the result of negligence.</p>