Toledo, Peoria & Warsaw Railway Co. v. Deacon

There is no dispute that the horses were killed, but it is urged that there is no proof that the injury was done by the train of the appellant .corporation, or that its railway ivas located through the corporate limits of the town of Cuba.

It is true, that no witness designated the company by its name, but all the witnesses,' including the officers and employees of the company, spoke of a railroad and a train within the limits of the village, and the jury must have known the railway to which reference was made.

The only question of fact involved is, was the train, at the time of the alleged…