Chicago & Alton Railroad v. Rice

Citations

• 71 Ill. 567

Syllabus

<p>1. New trial—verdict against the evidence. A verdict against a railroad company for the killing of a horse on its track, can not be sustained where there is absolutely no evidence on the question of the value of the horse.</p> <p>2. Negligence. Where a team of horses ran away from their driver, and got upon a railroad track, in an incorporated town, where the company was not required by law to fence its track, and ran along the track until they fell into an old cattle-guard, and a freight train came along, and the engine-driver did all that he could to stop his train as soon as he saw the team, but was unable to do so, and the train ran ox'er and injured the horses, it was held, that there was no negligence on the part of the company, and that a recovery against it could not be maintained.</p>