New Albany & Salem Railroad v. Tilton

This was an action commenced before a justice of the peace by Tilton, to recover of the appellant the value of a mare, alleged to have been lulled by the locomotive, &c., of said company.

There was a recovery of 100 dollars before the justice, and also for the same amount in the Circuit Court upon appeal.

There is no allegation in the pleadings of negligence; nor was there any evidence upon the trial upon that point; nor was there any evidence of any order, under the statute, of the county authorities, in relation to the kind of animals that should be permitted to run at large.

*4The suit was…