Indianapolis & Cincinnati Railroad v. McKinney

McKinney sued, and recovered a judgment against, the Indianapolis $ Cincinnati Railroad Company, for the value of a mule killed by tbe locomotive and train of tlio defendant, while being run on said road, in Dearborn county, the railroad not being fenced in as required by the statute. The defendant answered in three paragraphs, to the third of which the court sustained a demurrer, which presents the first question raised by the appellant.

That paragraph alleges that along the west side of said railroad there is a public highway, or turnpike road, leading from Lawrenceburgh to Brookville, and…