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

Citations

• 73 Ill. 58

Syllabus

<p>1. Negligence—;facts showing negligence of railroad company in killing a coio on its track. Where a cow is killed upon a railroad track by a passing train, if she was in plain view of the engine-driver and fireman in charge of the train, and was seen, or could have been seen by them by the use of ordinary care, in time to have slackened the speed of the train and avoided the accident, and no efforts were made in that direction, this will be such negligence as renders the company liable.</p> <p>2. Same—whether plaintiff allowing his coio to run at lan'ge is guilty. It being lawful for animals to run at large upon the commons, the owner of a cow, who lives in the country, and turns her out upon the commons, from whence she strays upon a railroad, on a public crossing, and is killed by a train, will not be guilty of negligence on his part.</p> <p>3. Same—need not he wilful. A railway company, in the running of its trains, is liable for stock killed upon its track which results from want of ordinary care and diligence. It is not necessary that the killing shpuld be wanton, or wilfully done by its servants.</p> <p>4. Error will not always reverse—improper instructions. In a suit against a railway company for the killing of a cow, where there was no negligence imputable to the plaintiff, and consequently the doctrine of comparative negligence was not involved, an instruction which states the rule in such case incorrectly will not he such an error as to reverse a just judgment.</p> <p>5. Evidence—relevancy. In an action against a railway company to recover the value of a cow killed through negligence by a passing train, evidence on the part of the plaintiff that there was much trouble in the vicinity, with the company, about the right of way, is clearly improper, yet a proper and just judgment will not be reversed for so trivial an error.</p>