Cincinnati, Hamilton & Indianapolis Railroad v. McDougall

McDougall sued the railroad company for damages for killing his horse. He alleged in his complaint that the horse strayed upon the railroad track at a point where it was not securely fenced, and was run over and injured by the defendant’s engine and cars.

A summons was issued, upon which the sheriff returned that,service thereof had been' made upon the defendant, *180naming- it, by reading and delivering a certified copy “ to-Schindler, a conductor on train No. 39, a regular passenger train running on said company’s railroad.”

The appellant insists that the court erred in overruling a motion to…