Legal Opinion

Chicago & Southeastern Railway Co. v. Browers

Indiana Court of Appeals

Decided November 22, 1901No. 4,038Published

From Madison Circuit Court; J. F. McClure, Judge. Proceeding by Frank Browers for the enforcement of a judgment obtained before a justice of the peace against the Chicago and Southeastern Railroad Company for animals killed on its tracks. From a judgment in favor of plaintiff, defendant appeals.

1Opinion of the Court

• Black, C. J.

— This was a proceeding under the statute (§§5816, 5317 Bums 1901, §§4029, 4030 R. S. 1881), to enforce the collection of a judgment of a justice of the peace of Madison county in favor of the appellee against the appellant, for the value of a cow killed by the cars of the appellant.

The statute provides that any person obtaining a judgment before a justice of the peace for any animal or animals killed or injured by the cars, locomotives, or other carriages of any railroad in this State, upon the filing of a certified transcript of such judgment in the office of the clerk of the…

2Cases cited7 opinions

  1. Chicago & Atlantic Railway Co. v. SummersIndiana Supreme Court · 1887
  2. Toledo, Wabash & Western Railway Co. v. MilliganIndiana Supreme Court · 1876
  3. Whitewater Railroad v. BridgettIndiana Supreme Court · 1884
  4. Lake Erie & Western Railway Co. v. FishbackIndiana Court of Appeals · 1892
  5. Chicago & Southeastern Railway Co. v. AdamsIndiana Court of Appeals · 1895

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