Schertz v. Indianapolis, Bloomington & Western Railway Co.

Citations

• 107 Ill. 577
• 1883 Ill. LEXIS 298

Syllabus

<p>1. Baileoad—liability for injury to animals caused by fright. Under the act in relation to fencing and operating railroads, in force July 1, 1874, as amended by the act of 1879, where a party’s horse gets on the railroad track for want of such a fence as the law requires the company to erect and maintain to inclose its track and right of way, and while on the track is frightened either by the approaching train, or the sound of the bell or whistle, or all of them combined, and in its flight is injured, either by jumping a cattle guard, or by coming in contact with a wire fence, or both, and no negligence or willful misconduct is chargeable to the agents of the company in charge of the train at the time, and where no injury is done to the horse by any actual collision or contact with the engine or cars of the train, the railroad company will not be liable to the owner of the horse for such injury.</p> <p>2. Same—statute relative to fencing, construed. The true meaning of section 1 of “An act in relation to fencing and operating railroads,” as amended in 1879, is, that the injury to stock must be caused by actual collision,—that is, it must be done by the “agents, engines or cars” of the company, or the willful misconduct of the train men, to make the company liable.</p> <p>3. Consequential damages resulting from fright to animals, not caused by actual collision, or any negligence or willful misconduct on the part of the servants of the company, are not embraced in the statute.</p>