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

Citations

• 67 Ill. 167

Syllabus

<p>Negligence—;failure to fence road in six months. In a suit against a-railroad company to recover damages for the killing of stock, the first count of the plaintiff’s declaration proceeded upon the statutory liability for neglect to fence the road within six months after the same had been opened for use, and the others alleged negligence as at common law. The proof showed that plaintiff’s steers were killed in the fall of 1870, and his horses and hogs in the summer of 1871. The verdict of the jury, in favor of the plaintiff, included the value of the steers, which the plaintiff remitted, and judgment was rendered for the residue: Held, that the proof showed inferentially that the road had been open for use six months before the horses and hogs were killed, and therefore sustained the first count of the declaration.</p>