Legal Opinion
Indianapolis & Vincennes Railroad v. Sims
Indiana Supreme Court
Decided January 8, 1884No. 9625PublishedCited by 7 opinions
From the Morgan Circuit Court.
1Opinion of the CourtElliott, J.
The general rule is, that in order to recover against a railroad company for killing cattle, it must be shown that the road was not fenced at the point where the cattle entered upon it, and as the right to recover in such'cases is of statutory origin, it would seem to follow that in all cases and in all courts the complaint should charge that the road was not fenced at the place where the cattle entered. That it must do so in the circuit court is firmly settled. Jeffersonville, etc., R. R. Co. v. Lyon, 72 Ind. 107; Toledo, etc., R. W. Co. v. Stevens, 63 Ind. 337; Ohio, etc., R. W. Co. v.…
2Cases cited8 opinions
- Bayless v. GlennIndiana Supreme Court · 1880
- Indianapolis & Cincinnati Railroad v. AdkinsIndiana Supreme Court · 1864
- Jeffersonville, Madison, & Indianapolis Railroad v. BrevoortIndiana Supreme Court · 1868
- Ohio & Mississippi Railway Co. v. MillerIndiana Supreme Court · 1874
- Toledo, Wabash & Western R. W. Co. v. StevensIndiana Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Louisville, Evansville & St. Louis Railway Co. v. ThomasIndiana Supreme Court · 1886
- Louisville, New Albany & Chicago Railway Co. v. EtzlerIndiana Court of Appeals · 1892
- Pennsylvania Co. v. RusieIndiana Supreme Court · 1884
- Wabash, St. Louis & Pacific Railway Co. v. NiceIndiana Supreme Court · 1884
- Wabash, St. Louis & Pacific Railway Co. v. LashIndiana Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.