Toledo, Peoria & Warsaw Railway Co. v. Lavery

Citations

• 71 Ill. 522

Syllabus

<p>1. Railroads—-f [lilu.re to fence t rack. Where a railroad company fails to fence its track, as required by the statute, it must see that its servants so conduct its trains that injury shall not result to stock that may get upon its track, if it can be avoided by care and caution. In failing to fence, it takes the hazard, and when injury results therefrom, it must be required to respond in damages.</p> <p>3. Statutory actions—rule as to negativing exceptions in the statute. Where a plaintiff relies upon a statute for a recovery, he need only to negative the exceptions in the enacting clause, and it is for the defendant to show, by way of defense, that the case falls within an exception in some other clause of the statute.</p>