Pittsburgh, Cincinnati, & St. Louis Railroad v. Brown

This action originated before a justice of •the peace and was a proceeding under the statute, to recover the value of a horse killed by the engine and cars on appellant’s road. There was issue, trial by a jury, and verdict for appellee. Motion for a new trial overruled and judgment on verdict. The evidence is not in the record. ■ The only-assignment of error, which presents any question for review here, is based upon the action of the court in overruling the demurrer to the complaint. The objection urged to the complaint is, that it is not sufficiently alleged that the road was not fenced at…