Peoria, Pekin & Jacksonville R. R. v. Champ

Citations

• 75 Ill. 577

Syllabus

<p>1. Negligence—killing of horse aMowed to run at large contrary to law The owner of a horse, who voluntarily permits the same to run at large. contrary to the law in force in the county, cannot recover of a railway company for the killing of the same by one of its trains upon the ground that such company has failed to fence its track at the place where the animal is killed.</p> <p>2. In such a case, where the plaintiff is guilty of contributory negligence, the railway company will not be relieved from its duty to observe all reasonable precautions to prevent injury to the property of the plaintiff.</p> <p>3. Same—railroad company not bound to stop train because an animal is seen near the track. The law imposes no obligation upon those in charge of a train of cars to stop the same upon discovering an animal grazing near the railway track, in anticipation it may get upon the track and be injured, and a failure to do so is not negligence.</p>