Cincinnati, Lebanon & Northern Railway Co. v. Shurts

This case comes into this court on error from a judgment of the court of common ■pleas of Warren county. The parties will be referred to as they stood below.

The plaintiff, Anna L. Shurts, recovered a judgment in the trial court against the defendant, The C., L. & N. Railway Company, for damages growing out of the killing of two mules by a train of the defendant company. The mules were the property of the plaintiff and had strayed upon the track of the defendant company without fault on the part of the plaintiff.

The amended petition sets forth allegations of negligence as follows:

“Plaintiff…