Toledo, Wabash & Western Railway Co. v. Cole

Citations

• 50 Ill. 184

Syllabus

<p>1. Pleading—of tile declaration—in an action against a railroad company for injury to stock. A declaration in an action against a railroad company, contained but one count, and that was for killing and crippling a mare and a mule, but it was not averred which animal was killed and which crippled. This defect, however, was regarded as cured by a subsequent averment, that by the act of the defendants in running their train upon them, they were lost to the owner.</p> <p>2. Railroads—liability for injury to a mule. Under the act of 1855, which requires railroad companies to make and maintain fences “ sufficient to prevent cattle, horses,” &c., from getting on the road, a railroad company would be liable for injury to a mule, occasioned by a non-compliance with the statute, as mules are embraced in the terms “ cattle and horses,” as used in this statute.</p>