Chicago & Southeastern Railway Co. v. Wheeler

The appellee’s horses entered upon the appellant’s right of way and railroad track at a point where it was not fenced, and were killed by the locomotive and cars. He brought this action to recover damages for the injury done. Appellants demurred to the complajnt for want of facts. This demurrer was overruled, and it then answered by way of general denial. The cause was tried by a jury, and a special verdict was returned, upon which the court, after overruling appellant’s motion for a judgment in its favor on the verdict and overruling its motion in arrest, rendered judgment in favor of the…