Toledo, Wabash, & Western Railway Co. v. Cory

This was an action by the appellee against the appellant, to recover the value of two cows, which it was alleged had been killed on the track of appellant’s road, by an engine and train of cars.

The appellant demurred to the complaint, upon the ground that it did not contain facts sufficient to constitute a cause of action. The demurrer was overruled, and the appellant excepted.

*219The appellant answered in four paragraphs. The appellee replied by a denial to the second, third, and fourth paragraphs of the answer.

There was a trial by a jury; verdict for appellee; motion for a new trial made,…