Toledo, Peoria & Warsaw Railway Co. v. Miller

Citations

• 45 Ill. 42

Syllabus

<p>1. Railroad companies — obligation to fence road—does not attach until they have been in operation dm months. The obligation of a railroad company to fence its line of road, does not attach until it has been in operation six months.</p> <p>2. Same—nor to repaw fence built within the dm months. And, where the company had not been in operation six months, but had constructed a fence, it is under no obligation to keep it in repair, the duty to fence not having attached.</p> <p>3. Instructions—assuming such obligation in the absence of proof— erroneous. An instruction, therefore, by the court, which creates the obligation to keep in repair a fence already constructed by the company, without regard to the question whether the company has been in operation six months, is erroneous.</p>