Baltimore & Ohio Railroad v. Tess

The only question raised on this appeal relates to the jurisdiction of the circuit court over the appellant in this action.

Appellee sued the appellant, before a justice of the peace, for damages occasioned by the injury of the appellee’s horse while crossing appellant’s railroad track on a public highway crossing that was, through the fault and negligence of the appellant, out of repair, and in a dangerous condition, etc.

Summons was issued to a constable, who served it on one Bectenwall, an agent of the appellant, in Porter county, more than ten days before the day set for trial.

The return of…