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

Appellee recovered a judgment against appellant for the value of a horse killed by one of its trains, in. the town of Salem, in Washington county. The venue having been changed, the case was tried in Floyd county.

The complaint is in two paragraphs. The first charges a. negligent killing, without fault on the part of the plaintiff. The second -is based upon the statute, and charges a failure to-fence. The case is presented for review upon the evidence' alone.

Appellant’s counsel urge, with ability, that the judgment can not be maintained upon the first paragraph of the complaint, because of…