Toledo, Wabash & Western R. W. Co. v. Stevens

This was an action by the appellee, commenced before the mayor of Peru and afterward appealed to the circuit court, against the appellant, to recover, under the statute, for stock alleged to have been killed on the road of the defendant, at a point where it was not securely fenced.

Trial by the court, finding and judgment for the plaintiff, a motion for a new trial being overruled.

One of the errors assigned is, that the complaint does not state facts sufficient to constitute a cause of action. PTo point is made on the other assignments of error, except that the evidence did not sustain the…