Toledo & Wabash Railroad v. Fowler

This was an action by Fowler against the *317company to recover for stock killed on the road where it was not fenced. The complaint contained four paragraphs, to each of which a demurrer was overruled. The defendant •answered in three paragraphs, the first being the general denial, demurrers being sustained to the second and third. Trial, verdict and judgment for the plaintiff.

The appellant claims that error was committed in overruling the demurrers to the several paragraphs of the complaint, because it was not sufficiently averred that the road was not fenced. Each paragraph of the complaint…