Baltimore, Ohio & Chicago Railroad v. Johnson

Bicknell, C. C.

This was a suit by the appellee against the appellant, before a justice of the peace, to recover damages for a horse unlawfully killed by the railway train of the appellant, upon the appellant’s railway, where it was not securely fenced.

The appellee recovered fifty dollars before the justice, on the 17th of February, 1879.

The appellant took an appeal to the Porter Circuit Court; there the appellee recovered forty-eight dollars and costs.

The appellant’s motion for a new trial was overruled. The *58appellant lias appealed to this court, and has assigned for error the overruling of…