Toledo, Wabash, & Western Railway Co. v. Harris

Suit by tbe appellee against tbe appellant. Tbe complaint states, “ that, on or about tbe 16tb day of April, 1868, tbe defendant unlawfully and carelessly wounded, injured, and killed two work oxen of tbe plaintiff, by wrongfully and carelessly running against and over tbem a train of *120cars, which said cars were then and there running upon the track and road of said defendant, within the county of Carroll, and State of Indiana. The said cattle came on said railroad track at a point therein where said railway was not securely fenced, and were then in charge and under the control of certain…