Cincinnati, Richmond & Fort Wayne Railroad v. Wood

Morris, C.

The appellee sued the appellant before a justice of the peace and obtained judgment. The appellant appealed to .the circuit court. The ’cause was submitted to the court for trial. The court found for the appellee, and, over a motion for a new trial, rendered judgment in his favor.

The errors assigned are, that the court erred in overruling the motion for a new trial, and that the complaint does not state facts sufficient to constitute a cause of action.

The complaint is in two paragraphs. The first states that, on the 28th day of September, 1876, by its locomotives and cars, then and…