Cleveland, Columbus, Cincinnati, & Indianapolis Railroad v. Brown

This was an action by the appellee against the appellant, under the statute, to recover damages for killing and injuring cattle of appellee. The complaint was in two paragraphs. The first charged the killing of one and the injury of two other head of cattle. The second charged the killing of a steer at a different time and place from that named in the first paragraph of the complaint. There was issue, trial by the court, finding for appellee, and, over a motion for a new trial, judgment on the finding.

The only error assigned is overruling the motion for a new trial.

We will first consider the…