Indianapolis & Cincinnati Railroad v. Clark

This was an action by Clark against the company for killing an ox on the road where it was not fenced. The suit was instituted before a justice of the peace and appealed to the Circuit Court, where, upon trial by the Court, there was a finding and judgment for the plaintiff'. A demurrer to the complaint had been filed before the justice, and was by him overruled. In the Circuit Court the plaintiff", on leave obtained, amended his complaint by alleging that the ox was killed at a point on the road where it was not fenced. Thereupon the defendant moved the Court to tax against the plain-' tiff…