Louisville, New Albany & Chicago Railway Co. v. Goodbar

This action1 was instituted in the circuit court by the appellee to recover the value of fifteen sheep killed by a locomotive of the appellant.

There was no demurrer to the complaint, and the question for consideration is, whether it is sufficient upon objection made after verdict?

The only averment upon the subject of the failure to fence is this: “And at the point where said sheep were so injured and killed as aforesaid, said railroad was not securely fenced in, and such fence properly maintained by the defendant as required by law.” Had a demurrer been addressed to the *597complaint it would…