Illinois Central Railroad v. Arnold

Citations

• 47 Ill. 173

Syllabus

<p>1. Railroads—what is negligence. Where a cow entered the close of another, through an insufficient fence upon the highway, and passed from thence through a space made for bars, and used as a farm crossing, upon the railroad track and was killed, and it was proved that the bars had been left down for a period of three months: Held, that the statute required the railroad company to “erect and maintain ” a sufficient fence, of which the bars were a part, and that the company were guilty of negligence for allowing them to remain down for so long a time.</p> <p>2. But it seems that if the bars had been taken down by the owner or occupant of the farm, for whose use they were made, and the crossing permitted by the railroad company, and he had neglected to replace them, his own act would prevent a recovery in a suit brought by him.</p> <p>3. Trespass—of cattle, what constitutes. Under the laws of this State cattle may go at large, and if they enter upon private property, they are not trespassers, unless such property is surrounded by a statutory fence.</p>