Evansville & Terre Haute Railroad v. Carvener

Carvener sued the railroad company to recover the value of a horse, the death of which, he alleges, was caused by the negligent failure of the defendant company to restore a public highway, crossed, by the railroad track, to its former state.

The complaint, charges that the crossing was rendered difficult and dangerous on account of the railroad track being; laid about nine inches above the surface of the highway,, thus presenting a material obstruction to the passage of wagons and teams. It is alleged that, in attempting to cross the track with a loaded wagon and team, without fault on his…