Toledo, Wabash & Western Railway Co. v. Muthersbaugh

This was an action on the case, brought by Jacob Muthersbaugh, against the Toledo, Wabash and Western Railway Company, to recover for a stable and two horses destroyed by fire on the lltli day of October, 1868.

In the circuit court, the plaintiff recovered a verdict and judgment ■ for $432.50. The defendant brings the record here, and insists upon a reversal of the judgment upon several grounds, only one of which, in the view we take of the case, it will be necessary to consider, as that will be conclusive of the case.

It appears, from the record, that Scott & Fisher owned a large frame…