Toledo, Wabash & Western Railway Co. v. Eidson

Action before a justice of the peace, on the following complaint:

“Toledo, Wabash and Western Eailroad Company,

“ To Ira B. Eidson, Dr.

“ To one milch cow killed by officers’ train going east,

on the 28th day of June, 1871 ----- $45.00

“May 11th, 1872. ' Ira B. Eidson.”

There was judgment for the plaintiff before the justice of the peace, and also in the circuit court on appeal.

It is here assigned as error that the complaint does not state facts sufficient to constitute a cause of action.

The appellee moves the court to dismiss the appeal, because the record does not show that a motion was-made for…