Chicago & Alton Railroad v. Umphenour

Citations

• 69 Ill. 198

Syllabus

<p>1. Negligence—in fencing railroad track. The statute makes it the duty of railroad companies “to erect and maintain fences suitable and sufficient to prevent cattle, horses, sheep and hogs” from getting- upon their road. Where the proof shows that their fence, at the place where plaintiffs mare got upon the track of defendant’s railroad and was killed, was not of that description, the defendant will be liable to the owner.</p> <p>2. Same—temporary insufficiency of fence. A railroad company will not be liable for the temporary insufficient condition of its fence, unless it has notice thereof, and neglected thereafter to repair.</p>