Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 47 (January, June And September Terms, 1868)
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295 Syllabus. Statement of the case. husband for her support, than she has on any other man in the community. The decree fully terminated the relation, and with it, its rights, duties and obligations. The decree of the court below must, however, be reversed and the cause remanded for further proceedings, not incoD sistent with this opinion. Decree reversed. Illinois Central Railroad Company V. Dennis Baker. 1. Negligence — killing stock on a railroad. If by the use of ordinary care and diligenc...e, animals on a railroad track can be saved from injury, it is the duty of the company to employ that degree of care. No other rule would afford sufficient protection to animals which are lawfully on the track, as they are if they got upon it from the range or commons. 2. So, where stock are upou the track and a train is approaching, though down a slight grade, and the engine driver, instead of stopping his train to drive off the stock, pursues them to a point where, by reason of ditches filled with water, on each side of a high embankment, there is little probability the animals vill leave the track, and they are overtaken and killed, the company are guilty of gross negligence, and they will be liable, notwithstanding it may appear the ani- mals got on the track within the limits of a town.
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