Madison & Indianapolis Railroad v. Whiteneck

Suit commenced before a justice of tbe peace to recover tbe value of a beifer killed by a locomotive on tbe Madison and Indianapolis Railroad. Recovery before tbe justice, and appeal to tbe Common Pleas, In tbat Court, tbe defendant not appearing, judgment was rendered for plaintiff without tbe intervention of a jury, for double tbe amount of tbe judgment before tbe justice, &e.

A point is made which may be briefly disposed of before entering upon tbe main questions in tbe cause.

It is said a jury should have been called to assess tbe *218damages, notwithstanding the failure of the defendant to…