Toledo, Peoria & Warsaw Railway Co. v. Darst

Citations

• 51 Ill. 365

Syllabus

<p>1. Pleading—of the declaration in am action against a railroad company, for killing stock. In an action against a railroad company to recover for stock alleged to have been killed upon the company’s road, it is hot enough to aver in the declaration that the road was not fenced at the place where the injury occurred, it not appearing from the pleading but that the stock may have gone on the track at another place, and where the road was fenced.</p> <p>3. And in averring that the road had been opened for six months, it is not sufficient if such averment relates only to the place where the injury occurred, it not being shown but that the stock strayed upon the track at another place, and where the road had not been opened for six months before the accident occurred.</p>