Chicago & Eastern Illinois Railroad v. People ex rel. Tilton

Citations

• 120 Ill. 667

Syllabus

<p>1. Railroads—excess of speed in a city, in violation of ordinance— conditions to a recovery of the penalty—frightening horses, without actual collision. Where a railway train is run within a city at a speed in excess of that allowed by ordinance, whereby the horses of a person about to cross the railway track are frightened, and his carriage is upset, and he is injured in person and property, the company operating such train will become liable to the party ko aggrieved, for the penalty provided for in section 62 of the act relating to railroads, although the train may not have struck such party or his horses or carriage.</p> <p>2. In an action to recover of a railway company the penalty given by section 62 of the Railroad act, it is not necessary for the plaintiff to show that he was injured by actual collision with the train running at a greater speed than allowed by law. It is sufficient for a recovery, to show that the train was run faster than it was allowed by ordinance, and that in consequence thereof he was aggrieved, by the frightening of his. team.</p> <p>3. Same—former decision, distinguished. In such a case, the penalty is given for the violation of the statute, and the action is not brought to recover for “damages done tó the person or property” by a “locomotive engine or car,” and hence the case of Schertz v. Indianapolis, Bloomington and Western Railway Go. 107 111. 577, which was brought to recover for an injury to stock under the statute requiring the road to be fenced, has no application.</p> <p>4. Practice— objection to evidence—when the specific objection must be made. On the trial of a case, a city ordinance admitted in evidence was objected to, generally. On appeal to this court, it was urged that there was • no proof that it was ever published, or that it was an ordinance of the city: Meld, that the specific objections came too late.</p> <p>5. Error will not always reverse—as to instructions. An instruction which contains nothing prejudicial