Indianapolis & Cincinnati Railroad v. Weight

Suit commenced in the Court of Common Pleas, by Wright, against the Indianapolis and Cincinnati Railroad Company, to recover for stock killed by the engines of the company.

Judgment below for the plaintiff.

No attempt was made to prove that the stock was killed through any negligence on the part of the company in running the engines; but the right to recover is rested on the following facts:

Near the point where the stock, consisting of seven head of cattle, was killed, was a small creek. Over this creek the railroad had built a culvert. Down the creek from this *214culvert, the plaintiff, Wright,…