Ohio & Mississippi Railway Co. v. Jones

Citations

• 63 Ill. 472

Syllabus

<p>1. Railroad companies—liability of, for hilling stock in counties where domestic animals are prohibited from running at large. The “Act (of 1867.) to prevent domestic animals from running at large in certain counties,” is not so far inconsistent with and repugnant to the general railroad law requiring railroad companies to fence their roads, as by necessary implication to repeal the latter, and where animals escape from their enclosure within such counties, without the fault or knowledge of the owner, and stray upon a railroad track at a point where the company have failed to comply with the law requiring them to fence, and are killed by collision with trains, the company are responsible for the damage.</p> <p>2. The provision of the act of 1867, that the owners of domestic animals shall not suffer the same to run at large, does not apply to such a case, the term “ suffer ” as used in the act implying a permission on the part of the owner.</p>