Evansville & Crawfordsville R. R. v. Barbee

Morris, C.

This action was brought by the appellee to recover the value of a mule and colt, alleged to have been killed by the appellant.

The complaint is in two paragraphs. The first charges that, on the 12th day of May, 1873, the appellant killed a mule and colt, the property of the appellee, by running over them a locomotive, in Yigo county; that the appellant’s road was not, at the point where the mule and colt got upon the same, securely fenced. The second paragraph charges the appellant with negligently killing the mule and colt, by negligently running its locomotive and cars upon them.'

Th…