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

— The statute in reference to the killing of animals upon railroads, R. S. 1881, section 4026, provides that “ Whenever any animal or animals shall be or shall have been killed * * the owner thereof may go before some justice of the peace * * and file his complaint in writing,” etc., and if the value exceeds $50, “ the owner * * may file his or their complaint * * in the circuit court of the county.” The appellee sued the appellant for the killing of an animal belonging to another, who had assigned the claim to the appellee. The appellant insists that the right of action is purely statutory,…