Peoria, Pekin & Jacksonville Railroad v. Barton

Citations

• 80 Ill. 72

Syllabus

<p>1. Railroads—liable for injury to stock in cities and towns only where negligence is shown. la a suit against a railroad company for injury done to stock by their trains within the limits of a city, town or village, there can be no recovery without an averment in the declaration that the servants of the company were guilty of negligence in running its trains through such city, town or village. Negligence must not only be averred in the declaration, but there-must be proof of negligence on the part of the agents and servants of the company in charge of the train at the time the injury occurs.</p> <p>2. Same—liable for injury to stock when they neglect to fence their track. A railroad ran through a common field of several square miles, owned by different parties, some of whom resided therein, which was fenced only on the outside. The railroad had been opened for use more than six months, and the company had neglected to fence its track entirely through the inclosure: Seld, the company was liable for stock killed by its trains inside of the inclosure.</p> <p>3. Same—required to construct bcm'ier to stock getting on track, at both public and private crossings. Where there was a common field of several square miles, belonging to different owners, but fenced only on the outside, through which a railroad ran, and there was a crossing over the railroad track inside of the inclosure, which was used principally by parties residing therein, it was held, that such crossing was not, in any just sense, a public road crossing, across which the companj' could not lawfully fence, and that even if it was, the company would be required to place cattle guards there to keep cattle from getting on its track, and if it was a private farm crossing, as it really was, it was the duty of the company to place bars or gates there, and if it failed to place either cattle guards or gates or bars there, it would be liable for any injury to stock by its trains.</p>