Cincinnati, Hamilton & Dayton Railroad v. Leviston

Black, C.

The appellee brought this action before a justice of the peace of Union county against the appellant, to recover the value of certain animals owned by the plaintiff killed by the defendant’s trains, the places at which the animals entered upon the railroad track not being securely fenced. Judgment upon default was rendered against the defendant for $70.

*489The defendant appealed to the Union Circuit Court, and there entered a special appearance, and moved to quash the summons and return. This motion having been overruled, the defendant demurred to the complaint, and the demurrer was…