Toledo, Peoria & Warsaw Railway Co. v. Head

Citations

• 62 Ill. 233

Syllabus

<p>1. Negligence—contributory. The plaintiff, working upon a bridge across defendant’s railroad track, with knowledge of án approaching train, called to his little boy, eleven years old, to lead bis horse across the track. In doing so the horse, through fright, escaped and got upon the track and was killed by the train. The proof failed to show negligence in the company : Held, that a verdict against the railroad company for the value of the horse could not be sustained; that the plaintiff was guilty of great negligence on his part, and that the law did not require a railroad company to ring a bell at such a place, it being only a farm crossing.</p>