Indianapolis, Pittsburgh & Cleveland Railroad v. Shimer

The appellee sued the company for the value *296of two horses, killed by the rolling stock of the company, averring that the road was not fenced.

Answer: 1. Denial. 2. That the company procured, by legal proceedings, the right of way across the cultivated lands of one'Martin, and constructed and fenced the road thereon; that afterward said Martin, lor his own convenience, and that he might have access to his said lands south of the road, and opposite his dwelling, erected and maintained draw bars on each side of said road, in the line of said fences, and a way across said road, which was permitted…