Louisville, New Albany & Chicago Railway Co. v. Johnson

This suit was brought in the circuit court of Washington county for damages on account of a colt being killed on appellant’s railroad track. The action is based on the statute. R. S. 1881, sections 4026,4031.

It is alleged in the complaint, that the colt came upon the right of way and track at a point where the railroad was not fenced, but it is not averred that the accident occurred in Washington county.

The appellee recovered judgment in the court below.

Three errors only are discussed in this court:

1. Overruling appellant’s demurrer to the complaint.

2. Overruling appellant’s motion for a new…