Illinois Central Railroad v. Baker

Citations

• 47 Ill. 295

Syllabus

<p>1. Negligence—hilling stock on a railroad. If by the use of ordinary care and diligence, animals on a railroad track can be saved from injury, it is the duty of the company to employ that degree of care. No other rule would afford sufficient protection to animals which are lawfully on the track, as they are if they got upon it from the range or commons.</p> <p>2. So, where stock are upon the track and a train is approaching, though down a slight grade, and the engine driver, instead of stopping his train to drive off the stock, pursues them to a point where, by reason of ditches filled with water, on each side of a high embankment, there is little probability the animals will leave the track, and they are overtaken and killed, the company are guilty of gross negligence, and they will be liable, notwithstanding it may appear the animals got on the track within the limits of a town.</p>