Toledo, Wabash & Western Railway Co. v. Barlow

Citations

• 71 Ill. 640

Syllabus

<p>1. Negligence in railroads—injury to stock running at large. Where a domestic animal, running at large by the sufferance of the owner, gets upon a railroad track at the crossing of a highway, where the company is not required to fence, and is injured by a passing train, the company is not, in general, liable, unless its servants, after they discover the animal, might, by the exercise of proper care and prudence, have prevented the injury.</p> <p>2. In such a case, it is not sufficient, to entitle the owner to recover, to show that the train was running at an unreasonable rate of speed, or without proper care in other respects.</p> <p>3. Former decisions. The decisions of this court in regard 1o animals injured by railroads, made under the law permitting cattle to run at large, do not apply fully under the law as it now is, and where no neglect on the part of the railroad company in fencing is involved.</p>