Indianapolis & Cincinnati Railroad v. Kinney

This action was brought before a justice of the peace by Kinney against the Indianapolis and Cincinnati Railroad Company, to recover the value of a hog killed by the defendants. • The justice gave judgment for the plaintiff for 10 dollars and costs. On appeal to the Common Pleas, there was a trial by the Court, finding for the plaintiff for 20 dollars, new trial *403refused, and judgment for that amount, and a docket fee of five dollars and costs.

The cause was tried upon an agreed state of facts, as follows:

“It is agreed by the parties in this case, that the plaintiff was the owner of the hog.in…