Indianapolis & St. Louis Railroad v. Peyton

Citations

• 76 Ill. 340

Syllabus

<p>Negligence—neglect to give warming and running train at prohibited rate of speed. In an action against a railroad company to recover for the killing of plaintiff’s cow by a train of cars in an incorporated town, it appeared that no bell was rung or whistle sounded, and that the train was running at a greater rate of speed than allowed by ordinance of the town. It also appeared that the plaintiff’s cow was running at large, contrary to ordinance: Held, that a verdict in favor of the plaintiff was authorized, the negligence of the plaintiff in allowing his cow to run at large being slight as compared with that of the company, which was gross, and in violation of a statute law as well as of an ordinance.</p>