Toledo, Peoria & Warsaw Railway Co. v. Parker

Citations

• 49 Ill. 385

Syllabus

<p>1. Negligence—liability of a railroad company for killing stock. In an action against a railroad company for killing stock, an instruction is not objectionable which fails to exclude all of the places excepted by the statute from being fenced, where it is apparent from the testimony that the injury did not occur in one of the excepted places, witnesses having been permitted to testify without objection that the injury happened at a place where the defendant was bound to fence its road.</p> <p>2. Same—stock injured—duty of owners as to its disposal. And in such case, where the stock at the time the injury occurred, was in good condition, it is the duty of the owner to dispose of it to the best advantage possible, by converting it into beef, or otherwise, and he is entitled to a reasonable time thereafter within which to do so.</p> <p>3. Same—when owner discharged from the performance of such service. And it cannot be objected in such case, that the owner failed to perform his duty in the premises, in not disposing of the stock to some profit, where the evidence shows that on the evening of the day when the injury occurred, the stock was taken possession of and buried by the employees of the defendant.</p> <p>4. Same—the question—what is a reasonable time—for the jury to determine. In such case, an instruction which assumes to inform the jury what was a reasonable time within which the owner should have taken possession of the injured stock, is erroneous ; that question is for the jury to determine, from all of the' circumstances.</p> <p>6. Evidence—objection to admissibility of—cannot be made in the appellate court for the first time. An objection to the admissibility of evidence cannot be made for the first time in this court.</p>