Legal Opinion

Indianapolis & Cincinnati Railroad v. Townsend

Indiana Supreme Court

Decided January 4, 1858PublishedCited by 20 opinions

APPEAL from the Decatur Court of Common Pleas.

1Opinion of the CourtPerkins, J.

Suit against a railroad company to recover for stock killed on the road where it was not, but should have been, fenced. Recovery by the plaintiff below.

The owner of the animal killed, a steer, was not a proprietor or occupant of land adjoining the road; but the animal strayed upon the track across lands of another person.

It is contended that the owner was guilty of negligence in permitting the animal thus to stray and trespass; that the company operating the road used due care to prevent the accident, except as to fencing; and that the statute making the company liable, regardless of the…

2Cited by20 opinions

  1. Flint & Pere Marquette Railway Co. v. LullMichigan Supreme Court · 1874
  2. Kansas Pacific Rly. Co. v. MowerSupreme Court of Kansas · 1876
  3. Indianapolis & Cincinnati Railroad v. AdkinsIndiana Supreme Court · 1864
  4. President of the Terre Haute & Richmond Railroad v. SmithIndiana Supreme Court · 1861
  5. Wabash Railroad v. Railroad CommissionIndiana Supreme Court · 1911

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