Illinois Central Railroad v. Mills

Citations

• 42 Ill. 407

Syllabus

<p>1. Railroad—possession of, evidence of ownership. When the evidence shows that a railway company have used and operated a road for years, it will be presumed that the company is the owner, and will sustain the averment of ownership contained in the declaration. A company, when exercising the rights and franchises of such a corporation, must be presumed to be the owners, unless it be in a direct proceeding.</p> <p>2. Same—negligence — escape of fre. When it appears that fire has escaped from a railroad locomotive, it will be presumed that the company were not employing the best known contrivances to retain the fire, and it will, to rebut the presumption, devolve upon the company to show that such machinery was thus employed and in repair. It is presumed to have been the design of the general assembly that railroad companies should use all reasonable precautions to prevent the escape of fire, and they will be held to the discharge of that duty.</p> <p>3. Same—condition of right of way. It is not a conclusion of law that a railway company is guilty of negligence by permitting grass and weeds to remain on their right of way, and become dry and combustible, which ignite and communicate to adjoining lands. It is a question of fact to be determined by the jury, in view of the extent to which weeds and grass have been allowed to accumulate in the particular locality, the season of the year, and all other circumstances affecting the liability of fire to communicate. The company are required to use the same diligence in removing dry grass and weeds and other combustible materials from exposure to ignition by the locomotive, that a cautious, prudent man would use in reference to combustible materials on his own farm, if exposed to the same hazard from such material.</p> <p>4. Same — liability. Although it may appear that fire has escaped from the locomotive of a railroad company by which the property of a plaintiff is burnt, still that is not conclusive evidence of liabilit