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

Bicknell, C. C.

The appellee brought this action against the appellant to recover the value of two horses killed by the appellant’s train of cars on the line of its railway.

A demurrer to the complaint, for want of facts sufficient, was overruled. The defendant answered in two paragraphs:

1. The general denial. . 2. That at the place where the horses entered upon the railway the defendant could not lawfully fence its road, because there was a public highway there. The plaintiff replied, denying the second defence. The issues were tried by a jury, who returned a verdict for the plaintiff for…