ndiana, Bloomington & Western Railway Co. v. Foster

It is alleged in appellee’s complaint, that as the result of appellant’s negligence, fire escaped from one of its trains passing over its road in Warren county, and ignited rubbish and inflammable material upon its right of way; that the fire spread to his land and destroyed fences, growing pasture and a quantity of hay.

Appellant, by counsel, at the proper time, challenged the jurisdiction of the court, and now insists that the action should have been brought in the Fountain Circuit Court, and not in Warren county.

For a plea to the jurisdiction of the court, and in abatement, appellant…