Peoria, Pekin & Jacksonville Railroad v. Barton

This action was brought to recover the value of stock, belonging to plaintiff, that had been killed by the engines and cars on defendant’s railroad. One of the animals for which plaintiff recovered appears, from the evidence, to have been killed in the town of Lower Peoria, at a point where it was not the duty of the railroad company to fence its track. The declaration is upon the statutory duty of defendant to erect and maintain suitable fences to keep stock from getting upon its track, and avers the stock was killed by reason of its neglect in that regard. It contains no averment, that…