Toledo, Peoria & Warsaw Railway Co. v. Deacon

Citations

• 63 Ill. 91

Syllabus

<p>1. Constitutional law—regulating speed of railway trains, eta. By the grant of corporate franchises to railroad companies to procure the right of way and operate their trains by the power of steam, the State does not deprive itself of its inherent power to enact all police laws necessary and proper to protect the life and property of its citizens.</p> <p>3. By such charters, unlimited discretion in the regulation of the speed of trains is not conferred. Among the rights reserved, and which must inhere in the State, is the power to regulate the approaches to and the crossing of public highways, and the passage through cities and villages, where life and property are constantly in imminent danger by the rapid speed of railway trains. The exercise of corporate franchises must yield to the public exigencies and the safety of the community.</p> <p>3. Ordinance—speed of railway trains. The corporate authorities of the town of Cuba enacted the following ordinance: “That it shall be unlawful for any railroad compauy, by themselves or their agents, to run at a greater rate of speed within the corporate limits of the town of Cuba than five miles per hourand provided a penalty for its violation not less than $10 nor more than $100: Held, that the corporate authorities had the power under the statute to pass the same, and that while it was somewhat informal, its meaning was plain enough to be easily understood.</p> <p>4 Negligence—evidence of—burden of proof. Where a railroad company runs ,ils trains through the limits of an incorporated city or village at a greater rate of speed than is permitted by the ordinances of such city or village, if any live stock is killed by such train, the killing, by'the statute, will be presumed to have been done through the negligence of the company; and in an action by the owner of the stock, proof of the killing and violation of the ordinance will make out a prima facie case of negligence, and throw the onus upon the company to rebut this p