Jeffersonville, Madison, & Indianapolis Railroad v. Morgan

The appellee sued the appellant to recover the value of a mule killed on the road of the appellant by an engine and train of cars. The complaint was in two paragraphs. The first was founded upon the statute, and the second was based upon the common law liability. The court overruled demurrers to each paragraph of the complaint, to which ruling the appellant excepted. The appellant answered in two paragraphs. The first was the general denial. The second set up a state of facts tending to show that the mule was killed at a point where the road could not be lawfully fenced. A demurrer ivas…