Indianapolis & Cincinnati Railroad v. Kibby

— This was an action against the appellant for killing a cow upon a portion of its road not securely fenced. A demurrer was filed, on the ground of want of jurisdiction. This question has been determined adversely to the appellant in the case of the same party against Stephens, ante, p. 429. A motion was made for a new trial, on the ground that the finding was not sustained by the evidence. This motion was overruled and judgment rendered.

The proof on the trial was, that the animal had passed upon the track from a crossing of a highway; that there had been a cattle-guard between the railroad…