Toledo, Peoria & Warsaw Railway Co. v. Sweeney

Citations

• 41 Ill. 226

Syllabus

<p>1. Fencing railroads—whether the necessity is obviated by an embankment. The necessity of fencing a railroad at a given point is not obviated by there being an embankment at that place from twelve to twenty feet in height, it not appearing that the embankment was sufficient to prevent stock from getting upon the track.</p> <p>2. And the necessity for a fence in such a case would be shown by proof that cattle had got upon the road.</p> <p>3. Measure oe damages—in suit against a railroad for hilling stock. In a suit against a railroad company for killing the cattle of the plaintiff, where it appears the weather was warm and the cattle when found were swollen and unfit for beef, the plaintiff is entitled to a' verdict for their full value.</p>