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

Action by appellee to recover the value of cattle killed on the line of appellant’s railroad by one of its trains. The action is based on the statute in relation to fencing. After charging the time and place of the killing, the complaint contains the averment that at the place where the animals entered upon the railroad track and were killed, it was not fenced. Taken in connection with the other allegations of the complaint, this averment sufficiently connects the want of a fence with the time of the killing. The kill*258irig was done in Montgomery county. On a change of venue the case was tried…