Indianapolis & Madison Railroad v. Solomon

This was a suit to recover for animals killed by cars running upon the railroad of the appellant, the same not being securely fenced. The principal question arises upon the evidence, from which it appears that the injury was done by a train of another corporation, running-in its own name and behalf, an(l controlled by it, over a part of the appellant’s road, in pursuance of a contract for that purpose between the two corporations.

It is contended that the act (Sess. Laws, 1863, .p. 24) only makes the corporation liable for such injuries occasioned by the trains of a lessee, when such lessee…