Chicago, Burlington & Quincy R. R. v. Bradfield

Citations

• 63 Ill. 220

Syllabus

<p>1. Negligence—in running railroad trains. If an animal suddenly leap upon the track, so near in front of an engine that it is impossible to stop, within a village, where fencing the track is not required, and where cattle are accustomed to graze, it is not negligence on the part of the engineer, to omit to sound the alarm whistle or “slow” the train, although he may, in fact, have seen the animals grazing near the track from a distance of sixty rods.</p> <p>2. Negligence consists in the failure to do something which ought to be done; or it may be wilful.</p>