Toledo, Peoria & Warsaw Railway Co. v. Ingraham

Citations

• 58 Ill. 120

Syllabus

<p>1. Negligence, in railroads—hilling stock. When, by the use of ordinary care and diligence on the part of the servants of a railroad company, animals straying on its track can be saved from injury, it is their dffiy to exercise that degree of care;' and a failure to do so will render the company liable for any damage thereby sustained.</p> <p>2. Instructions—should he based on the evidence. Where an instruction has no application to the facts of the case, it is proper to refuse it.</p> <p>3. Same—error in refusing or giving—whether will reverse. A new trial will not be awarded on the ground that the court erred in giving and refusing certain instructions, where it appears that no substantial error was thereby committed, and that those given stated the law applicable to the case with sufficient accuracy.</p>