Rockford, Rock Island & St. Louis Railroad v. Heflin

Citations

• 65 Ill. 366

Syllabus

<p>1. Construction of remedial statutes—of the rule in regard to. Where the language of a remedial statute is doubtful, or will bear two constructions, in promotion of the object of the general assembly the .courts will give it such an interpretation as will best promote the remedy intended.</p> <p>2. Railroads—liability of to fence their tracks—construction of the statute in regal’d to. By a proper construction of the statute requiring railroad companies to fence their tracks within six months after the road is open for use, the companies are liable, under the statute, if they fail to fence within six months after they begin to run trains on the track for construction purposes.</p> <p>3. Nor does the fact that the road is still under the control of the contractors change the liability of the company in that regard.</p> <p>4. Hew trial—excessive damages. An action against a railroad company for injury to stock occasioned by the negligence of the defendant, being in tort and sounding in damages, if the finding of the jury in such case is slightly in advance of what the court would have assessed the damages, still the verdict will not, for such reason, be disturbed.</p>