Indianapolis, Pittsburgh, & Cleveland Railroad v. Petty
Indiana Supreme Court
APPEAL from the Delaware Common Pleas. Petty sued for the value of cattle killed by the cars of the appellant. The complaint was in two paragraphs. The first alleged the killing, &e., and averred,“that the railroad aforesaid was not securely fenced in, and the fence properly maintained by said company.”
Read the full summary
APPEAL from the Delaware Common Pleas. Petty sued for the value of cattle killed by the cars of the appellant. The complaint was in two paragraphs. The first alleged the killing, &e., and averred,“that the railroad aforesaid was not securely fenced in, and the fence properly maintained by said company.” The second paragraph alleged, “that the defendant, by her agents and servants, on, &c., negligently, carelessly, and willfully, ran over, knocked down, and killed, two steers, the property of the plaintiff, of the value of three hundred and fifty dollars, by running the locomotive and train of…
1Opinion of the CourtErazbr, J.
The second paragraph of the complaint was good. Where the injury is alleged to have been willfully done, it is not necessary that it should- appear that the plaintiff’s carelessness did not contribute to it. L. & I. R. R. Co. v. Adams, 26 Ind. 76.
The sufficiency of the first paragraph is questioned here by assignment of error, no such question having been made in the court below, nor in this court, upon a former appeal. See 25 Ind. 413. It is not directly shown by Ibis paragraph *263that the animals entered upon the road where there was no sufficient fence, the averment being merely “that the…
2Cases cited2 opinions
- Lafayette & Indianapolis Railroad v. AdamsIndiana Supreme Court · 1866
- Indianapolis, Pittsburgh & Cleveland Railroad v. PettyIndiana Supreme Court · 1865
3Cited by21 opinions
- Chicago & Eastern Illinois Railroad v. OstranderIndiana Supreme Court · 1888
- Major v. MillerIndiana Supreme Court · 1905
- Citizens' Street Railroad Co. of Indianapolis v. StoddardIndiana Court of Appeals · 1894
- Indianapolis & Vincennes Railroad v. McCafferyIndiana Supreme Court · 1880
- Parker v. ClaytonIndiana Supreme Court · 1880
16 more not listed; retrieve them via the Exa API.