Toledo, Peoria & Warsaw Railway Co. v. Johnston

Citations

• 74 Ill. 83

Syllabus

<p>1. Negligence—in suffering stock to be at large. In an action by the owner of stock against a railway company for killing the same, no contributory negligence is chargeable to the owner in letting the stock run at large when it breaks out of its pasture without his fault.</p> <p>2. Interest— on value of stock killed. The owner of stock killed by a railway company on its track, for want of a fence, is not entitled to interest on its value from the time of the killing.</p> <p>3. Measure op damages—stock killed by negligence. The damages for stock killed by a railway company through negligence merely, as, a neglect to fence their track, is compensatory only. To authorize more, circumstances of aggravation must be shown.</p>