Jeffersonville, Madison, & Indianapolis Railroad v. Ross

The appellee sued the appellant before a justice of the peace, for killing and injuring the cattle of the appellee, by a locomotive and train of cars on the road of appellant. The complaint was in two paragraphs. The first being what is designated the statutory cause of action. The second charged that the injury was occasioned by the negligence of the servants of appellant, without fault on the part of the appellee.

The cause was tried before the justice, under the statutory denial, and resulted in a finding for the plaintiff, from which judgment the appellant appealed to the circuit court.…