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

Citations

• 67 Ill. 109

Syllabus

<p>1. Negligence--failure to ring bell or sound whistle. While the statute imposes a penalty on a railroad company for a mere omission to comply with its requirements, mofe is required to create a liability for injury to person or property. In the latter case, when no other negligence is proved, the injury must be “by reason of the neglect” to ring a bell or sound a whistle, and the proof must show that it was the probable result of the omission.</p> <p>2. Same-in not observing animal 'and, failing to slacken speed. Where the engine driver could readily have seen an animal some eighty or one hundred rods ahead of the train, and neglected to do so, gross negligence may be inferred. But where a mare, frightened by the noise, rapidly crossed the track fifty yards ahead of an approaching train and the proof showed that she was on the side of the track about ten feet distant from the same during a very short time, where she might have been seen before the collision, and she, through fright, ran upon the engine, striking it about the drive wheel, and it did not appear that the engineer could have seen her in time to prevent the injury: Held, that the proof failed to charge the company with negligence.</p>