Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. Parker

Appellee brought this action to recover the value of a horse, which, it is alleged, went upon appellant’s railway at a point where it was not, but ought to have been, securely fenced, and was there killed by one of appellant’s trains.

The errors assigned are, that the complaint does not state facts sufficient to constitute a cause of action, and that the court below erred in overruling appellant’s motion for a new trial.

It is contended that a new trial should have been granted, *236because the evidence does not show that at the point where the horse went upon the track the road should have been…