Toledo, Wabash & Western Railway Co. v. Thompson

Citations

• 71 Ill. 434

Syllabus

<p>1. Cabbiebs of stock—negligence. Where live hogs are shipped by railroad, it is the duty of the railroad company to apply water to them when heated and in danger of dying from the want of such an application ; and it is gross negligence on the part of the company not to do so.</p> <p>2. If water is scarce on the line of a railroad, so that it can not be provided for the purpose of applying to live hogs shipped in its cars when necessary, it is the duty of the company to inform shippers of the fact before they ship; and if such information is withheld, and hogs are shipped and die on the route for want of water, the company will be liable.</p> <p>3. Where live hogs are shipped in railroad cars, and are doing well, and not suffering for water at a given point or station on the route, it is not negligence on the part of the shippers not to water them at that point or station, in the absence of information that water can not be had at tire next station; aucl if it is a fact that water is scarce at the next station, it is the duty of the company to inform the shippers of the fact, and it is gross negligence not to give such information.</p> <p>4. It is prima facie evidence of negligence for a railroad company to permit its pump at a station to be out of repair, so that water can not be provided for live hogs on its train, and it is for the company to explain why the pump is so out of repair, and show that it is not by their negligence.</p> <p>5. Variance—between the declaA'ation and evidence. The averment of a declaration in a suit for the value of hogs, which were shipped on defendant’s railroad, and died through the fault of defendant, was, that the train was stopped and permitted to stand for a long space of time in a piece of timber, where the air could not circulate. The evidence showed that the train did stop in a piece of timber, as averred, but it further showed that it was in a cut on the road as well as in the timber: 3eld, that there was no variance.</p>