Illinois Central Railroad v. Frazier

Citations

• 47 Ill. 505

Syllabus

<p>1. Negligence—comparative—of railroad companies, and herein, of permitting weeds and grass to grow upon their right of way. A railroad company is held to the same, but no higher duty, to keep their right of way free from grass or weeds, than are the adjoining land owners and proprietors, to keep the adjoining lands free from grass or weeds.</p> <p>2. Former decisions. The rule laid down in the case of Bass v. The Chicago, Burlington & Quincy R. R. Co., 28 Ill. 9, in regard to the duty of railroad companies to prevent the growth of weeds upon their track, not being concurred in by two of the judges then upon the bench, is not regarded as controlling this case in which a similar question arises.</p>