Illinois Central Railroad v. Carraher

Citations

• 47 Ill. 333

Syllabus

<p>1. Negligence—when not deemed, to exist. Where a well is dug upon the land of another, without the knowledge or consent of the owner, and an animal falls into it and is killed, the owner of the land cannot be held to respond in damages on the ground of negligence.</p> <p>2. So, where a well is dug upon the right of way of a railroad company, without their knowledge and consent, and a mule falls into it and is killed, the company cannot be held liable on the ground of negligence, in not covering or securing such well. , The act requiring railroad companies to fence their roads, is only designed to protect the traveling community from accidents, occasioned by stock getting upon the road, and also to prevent damage to such stock, from their liability to be run over and killed, and is not intended to extend their liability to the case named.</p>