Toledo, Peoria & Warsaw Railway Co. v. Johnston

This is an appeal from the circuit court of Iroquois county. The judgment was rendered in favor of Robert Johnston, in an action on the case against the Toledo, Peoria and Warsaw Railway Company, to recover damages for killing plaintiff’s stock upon the road. The negligence of the company was alleged to be in failing to fence their track.

Appellants attempted to show contributory negligence on the part of plaintiff, by suffering the stock killed to run at large. The evidence is, that the animals broke out of the owner’s pasture, without his fault, consequently, he cannot be chargeable with…