Lake Erie & Western Railroad v. Rinker

The appellee brought this* action against the appellant to recover damages for the alleged killing of a cow upon appellant's railroad track, said cow having entered upon the track at a point where the same was not securely fenced. There was a jury trial and a verdict in appellee’s favor for $65.00. *335Prom the judgment rendered upon such verdict this appeal is prosecuted.

The following errors are assigned:

1. The complaint does not state facts sufficient to constitute a cause of action.

2. The court had not jurisdiction over the subject, of the action.

3. The court erred in overruling appellant’s…