McNaught v. C. & N. W. R. R.

Cole, Ch. J.

questions oñ appeal. I. The plaintiff, in his petition, averred his ownership of the colt, worth $150; that the same was killed by being run over by defendant’s train of cars, two miles west of Jefferson, August qg^ 1868. qkat jq was ki]qe(q q,y reason of the insufficient fence along defendant’s road, and by the carelessness of its employees; that, on the 21st of September, 1868, he served upon defendant’s ticket agent, at Jefferson, a written notice, accompanied with an affidavit of the destruction of said property (attaching the same as an exhibit); and that defendant had failed…