Illinois Central Railroad v. Kanouse

Citations

• 39 Ill. 272

Syllabus

<p>1. Railroad not fenced—liability for, injury to stock. Where the company owning a railroad, track which is not fenced as required by law, by contract, allows another company to run trains over such track, by one of which trains stock is injured, the company running the train is liable for such injury, even though the same was a result of the unfenced condition of the road.</p> <p>2. In such case, it being the duty of the company owning the road to fence it, and the injury being a result of their neglect of that duty, they would also be liable.</p> <p>3. Where a railroad company undertakes, by agreement, to use a road in a defective condition, and control the running of their trains upon it, the demands of public policy require that they should be responsible for all injury resulting from the use by them of the road while in such defective condition.</p>