Indianapolis, Pittsburgh & Cleveland Railroad v. Fisher

This was an action by the appellee against the appellant, commenced originally in the Court of Common Pleas, to recover damages for the killing of a horse by the defendant, upon her road; the same not being properly fenced. Judgment for the plaintiff. The suit is evidently based upon the statute of 1853, making railroad companies liable for animals thus killed, without reference to the question of negligence. The complaint avers no negligence, or willful misconduct. The statute above referred to, does not apply to causes commenced in the Court of Common Pleas. The Jeffersonville Railroad Co.…