Toledo & Wabash Railway Co. v. Daniels

Daniels sued the railway company to recover the value of five head of cattle, viz: four heifers and one cow, alleged to have been killed by the defendant’s locomotive and cars, while running on her railway, at a point where it was not fenced. The complaint consists of two counts, each is founded on the statute, and is in the usual form. The only difference between them is, that in the first the cattle are described as of the full blood, but in the second as common stock. At the proper time the defendant moved that the plaintiff be ruled to elect on which count he would go to trial, and. in…