Legal Opinion

Baltimore, Pittsburgh & Chicago R. W. Co. v. McClellan

Indiana Supreme Court

Decided November 15, 1877PublishedCited by 1 opinion

From the DeKalb Circuit Court.

1Opinion of the CourtPerkins, J.

— The appellee sued the appellant for the value of a hog and a cow killed by the locomotive and cars of the latter, at a point upon her road where the same was not fenced.

Answer of general denial.

The suit was commenced before a justice of the peace. The plaintiff, the appellee, had judgment before the justice, and, on appeal, in the circuit court.

The evidence is in the record.

John McClellan, being duly sworn,testified as follows:

“ I am the plaintiff in this cause, and was the owner of the hog and cow that were killed by the cars of the Baltimore, Pittsburgh and Chicago Railway Company,…

2Cases cited5 opinions

  1. Indianapolis, Cincinnati, & Lafayette Railroad v. HarterIndiana Supreme Court · 1872
  2. Williams v. New-Albany & Salem RailroadIndiana Supreme Court · 1854
  3. Clark v. Vermont & Canada RailroadSupreme Court of Vermont · 1855
  4. Comings v. Hannibal & Central Missoum RailroadSupreme Court of Missouri · 1871
  5. Holden v. Rutland & Burlington RailroadSupreme Court of Vermont · 1858

3Cited by1 opinion

  1. Lake Erie & Western Railway Co. v. FishbackIndiana Court of Appeals · 1892

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