Toledo, Wabash & Western Railway Co. v. Cole

The only question presented by this record is as to the declaration. It contained but one count, and that for killing and crippling a mare and a mule.

The defendants demurred, generally, to the declaration, which the court overruled, and the defendants abided by their demurrer. A jury was called to assess the damages, and judgment for the plaintiff for the damages so assessed.

The action was brought against the railway company under the act of 1855, for killing and crippling a mare and a mule, they having got upon the track, the same being injured at a place where, by law, the company were…