Louisville, New Albany & Chicago Railway Co. v. Consolidated Tank Line Co.

The appellee brought this action to recover the value of a horse, which, it is alleged, went upon the appellant’s railway where it was not fenced, and was killed by one of the appellant’s trains.

The complaint, omitting the caption and formal conclusion, is as follows:

“ The Consolidated Tank Line Company, plaintiff, complains of the Louisville, New Albany and Chicago Railway Company, defendant, and says that the defendant is, and for more than five years last past has been, a rail*41way corporation operating a line of railway from New Albany, in the State of Indiana, to the city of Chicago, in…