Indianapolis, Pittsburgh, & Cleveland Railroad v. Irish

This suit was brought by the appellee against the appellant for killing by its locomotive, etc., a horse, where the road was not securely fenced. Proper issues 'were formed, and the case has been twice tried by different judges, with the same result, a finding for the plaintiff. It was once reversed; The Indianapolis, etc., R. R. Co. v. Irish, 26 Ind. 268; but the evidence was different on the trials.

On the first there was a diagram of the place- of the killing and its surroundings; on the second no such diagram is in the evidence. The evidence was, in other respects, somewhat different, but…