Indianapolis & Cincinnati Railroad v. Paramore

Per Cwriam.

Action by the appellee against the appellants to recover damage for the killing of a steer by the engine and cars of the appellants upon their road where it was not fenced.

The' action was brought before a justice of the peace, where a demurrer was filed to the complaint. On appeal to the Common Pleas, the cause was tried by the Court without any express notice being taken of the demurrer, and there was a finding and judgment for the plaintiff be*407low. It is insisted that error has intervened in the trial of the cause without disposing of the demurrer. We think from the whole record,…