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

Citations

• 72 Ill. 404

Syllabus

<p>1. Railroad companies—required to fence their track, notwithstanding lam prohibitii%g domestic animals running at large. The law prohibiting domestic animals from running at large, in force October 1, 1873, does not, by implication, repeal or nullify any of the provisions of the act of February 14,1855, requiring railroad companies to fence their roads, and the same is true with regard to the law preventing male animals from running at large.</p> <p>2. And, in suits against railroad companies for killing such animals, it is a question of fact, to be determined by the jury, from all the circumstances in evidence, whether the act of the owner, in permitting his animals to run at large in violation of law, is contributory negligence.</p> <p>3. Negligence—whether permitting male animals to run at large is con. tributory or not, in suit for injury. Whether permitting male animals to run at large, which are subsequently injured by locomotives or trains, is contributory negligence, depends, first, upon whether permitting them to run at large was a proximate or only a remote cause of the injury; and if it was a proximate cause, then, secondly, whether such negligence of the owner was slight and that of the company gross, in comparison with each other.</p> <p>4. Same—mere preponderance, on the part of defendant, does not entitle plaintiff to recover. Where there is evidence of contributory negligence on the part of the plaintiff, it is improper to give an instruction which assumes that a mere preponderance of negligence on the part of the defendant will entitle the plaintiff to recover.</p> <p>5. Same—degree of care required of railroads where owners of animals a/re guilty of negligence. Although a plaintiff may be guilty of negligence in permitting his animals to get upon a railroad track, it is still the duty of the railroad company to use ordinary skill and prudence to avoid doing them injury, and failing in this, it is liable.</p>