Indianapolis & Cincinnati Railroad v. Wharton

Wharton sued the Indianapolis and .Cincinnati Railroad Company to recover for stock killed upon the road by the locomoiives -of the company. The suit was instituted before a justice of the peace.

The complaint alleged that the stock was killed at a point where the road was not fenced. It contained no allegations of other negligence of the company.

The cause went, by appeal, to the Common Pleas. In that Court there was judgment for the plaintiff.

The record contains all the evidence. There was nó proof that the road was not fenced, or of any negligence, in running the locomotives, on the part of…