Toledo, Wabash, & Western Railway Co. v. Owen

This action was brought by the appellee against the appellant, to recover the value of a cow injured *406so that she was of no value, by the locomotive and cars on the road of the defendant, at a place where, as is alleged, it could have been, but was not fenced. There was judgment in the common pleas for the plaintiff. There are three valid assignments of error.

1. Overruling the defendant’s motion to set aside the service of the process.

2. Rejecting the second paragraph of the defendant’s answer.

3. Overruling the defendant’s motion fora new trial.

This action was commenced in the common pleas.…