Gabbert v. Jeffersonville Railroad

Complaint by the appellant against the appellees, for carelessly and negligently killing a mule, the property of the plaintiff, by running against the same with an engine and train of cars.

Defendants answered by a general denial.

Trial by the Court, which resulted in a finding for the defendant, and judgment. Motion for a new trial overruled. Exceptions taken, setting out the evidence.

The killing of the mule was proven, and that its value was 140 dollars.

The plaintiff insists—

1. That he was entitled to recover without showing negligence on the part of the company, as the .road was not fenced;…