Evansville & Terre Haute Railroad v. Tipton

Colerick, C.

This action was instituted by the appellee to recover the value of two horses, one of which was killed and the other injured on the appellant’s railroad at a place not securely fenced. The issues were tried by a jury, who returned a verdict in favor of the appellee for $200, upon which, over a motion for a new trial, judgment was rendered against the appellant, from which it has appealed, and assigns as errors that the court below erred in overruling a demurrer to the complaint, and in overruling the motion for a new trial.

The only objection that has been made by the appellant in…