Louisville, New Albany & Chicago Railway Co. v. Argenbright

Action by the appellee to recover damages-for killing her cow by the appellant’s locomotive. It is averred that the railroad was not fenced where the animal was killed, but there is no averment that it was not fenced at the point where it entered upon the track. The latter allegation is essential in cases commenced in the circuit court, but as to cases like the present, begun before a justice of the. peace, the complaint is good without such averment. Ohio, etc., R. W. Co. v. Miller, 46 Ind. 215; Ohio, etc., R. W. Co. v. McClure, 47 Ind. 317; Wabash R. W. Co. v. Forshee, 77 Ind. 158;…