Reference

Full Case Name

Illinois Central Railroad Company v. A. E. Weathersby

Cited By

3 cases

Status

Published

Syllabus

1. RaHiROAB Company. Action against. Whether injury caused by running of train. Sections 1047 and 1059, Gode 1880. W. brought an action for damages against a railroad company for causing the death of her mare. The declaration stated that the defendant negligently left open the gate to an inclosure of its road in a certain incorporated town, through which gate the animal went upon the railroad track, and while there was so frightened by the negligent running of a train on defendant’s road, which train was going at a greater rate of speed than six miles an hour, that she (the mare) ran into a trestle in defendant’s road, at one of the termini of the inclosure referred to, and was thereby fatally injured. Held, that the injury complained of does not come within the provisions of § 1059 of the Code of 1880, which makes proof of an injury caused by the “ running of the locomotives or cars ” of a railroad company prima fade evidence of negligence on the part of the company; nor within the provisions of §1047, which makes a railroad company liable in damages for any injury sustained by any one “ from its locomotives or cars whilst they are running at a greater rate of speed than six miles an hour through any city, town, or village.” And instructions in such case, based upon these Statutes, are inapplicable. 2. Same. Action for death of horse. Issue. Burden of proof. The only question presented by the declaration in the case above stated is, whether the railroad company was guilty of negligence in not stopping its train when the dangerous situation of the animal was discovered by its servants. And upon this issue the burden of proof was upon the plaintiff.