Lake Shore & Michigan Southern Railway Co. v. Van Auken

This action originated before a justice of the peace. The complaint was to recover fifty dollars for the killing of a cow by the appellant’s engine and cars on its railroad track, in Steuben county, Indiana. The case was appealed to the circuit court, and there the complaint was so amended as to be a cause of action for the killing of the appellee’s cow at a certain crossing because of the negligent failure of the engineer to sound the whistle and ring the bell as required by law while approaching said crossing.

The appellant’s answer was in two paragraphs. The first was a general denial. The…