Toledo, Peoria & Warsaw Railway Co. v. Arnold

Citations

• 43 Ill. 418

Syllabus

<p>1. Damages—measure of for killing stock—when compensatory. In an action on the case against a railroad company for stock killed by its trains, where such injury was purely accidental, and resulted simply by reason of the failure of the company to fence its road, the measure of damages is the value of the-property destroyed.</p> <p>2. Same—vindictive will not he allowed. In such case, where aggression and malice are not present, the claim to compensation rests solely upon the value of the property destroyed, and a recovery cannot be had beyond that amount.</p> <p>3. Same—when excessive—verdict will he set aside. And when the damages given are greater than the proof allowed, the verdict will be set aside, as not warranted by the evidence.</p>