Chicago & Erie Railroad v. Schipper
Indiana Court of Appeals
From Wabash Circuit Court; Nelson G. Hunter, Judge. Action by Eilt Schipper against the Chicago and Erie Railroad Company. From a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtEnloe, C. J.
This action was to recover the value of two horses alleged to have been struck and killed by trains of appellant. The complaint alleged that the appellee was the owner of a farm lying on both sides of the track and right of way of appellant in Wabash county, Indiana; that the fences along the right of way of appellant through said farm were out of repair and down and insufficient to turn stock; that said horses strayed from appellee’s field and got upon said right of way and track where said fence was so out of repair and were there-struck and killed. Damages were asked in the sum of $500.
The…
2Cases cited5 opinions
- Baltimore & Ohio Southwestern Railway Co. v. ConoyerIndiana Supreme Court · 1897
- Holmes v. McPheetersIndiana Supreme Court · 1898
- Roper v. Cannel City Oil Co.Indiana Court of Appeals · 1918
- New York, Chicago & St. Louis Railroad v. ZumbaughIndiana Court of Appeals · 1895
- Delphos Hoop Co. v. SmithIndiana Supreme Court · 1911
3Cited by5 opinions
- McKinnon v. ParrillIndiana Court of Appeals · 1942
- Lahr v. BroylesIndiana Court of Appeals · 1927
- Ranier v. StephanoffIndiana Court of Appeals · 1923
- Lewis v. YoungIndiana Court of Appeals · 1932
- Harmon v. HeadyIndiana Court of Appeals · 1923