Evansville & Indianapolis Railroad v. Butts

Appellee brought this action under §§5323, 5324 Burns 1894,- §§4098a, 4098b Horner 1897, to recover the cost of building a fence along his land where the same abuts appellant’s railway. The cause was put at issue, submitted to the court for trial, and a judgment rendered in favor of appellee for $107.50 against the appellant.

The only specification of the assignment of errors discussed is the action of the court in overruling appellant’s demurrer to the complaint.

Section 5323 (4098a), supra, imposes upon railroads the duty to fence their rights of way. If there is a failure to perform this…