Baltimore & Ohio & Chicago Railroad v. Flinn

On the 24th day of December, 1889, appellee commenced his action against the appellant in the Noble Circuit Court to recover damages for two horses killed, and a wagon and other personal property destroyed, at a highway crossing on appellant’s road, which highway crossing the complaint alleged, through the negligence of the appellant, was not kept and maintained in good and proper *56repair, but that appellant negligently suffered the said crossing over its road to become unsafe and in an improper condition, thereby rendering the passage of said highway and crossing dangerous and unsafe; that…