Indianapolis, Pittsburgh & Cleveland Railroad v. Williams

Complaint, averring that the cars, &c., of appellant, killed a horse of appellee, of the value, &c.

John Davis, for appellant. D. Nation and O. M. Anthony, for appellee.

There is no averment that the road was not fenced, nor of carelessness.

A demurrer was overruled to the complaint. This was error. The Indianapolis and Cincinnati Railroad Co. v. Wharton, 13 Ind. 509.

There was an answer of four paragraphs, one of which averred that the road was fenced, &c. Reply, in denial.

It is now said that the error, in overruling the demurrer, should not reverse the judgment, because the merits were tried…