Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Baker

The complaint of the appellees against the appellant was in two paragraphs. One of the specifications in the assignment of errors is, that the complaint does not state facts sufficient to constitute a cause of action. In each paragraph the appellees sought to recover the value of two. steers hilled by a train of cars, in the first paragraph showing that the appellant’s railway was not fenced in at the place where the animals entered upon it, and in the second paragraph proceeding upon the ground of negligence.

There was a special finding of facts with the court’s conclusion of law thereon, and…