Louisville, New Albany & Chicago Railway Co. v. Etzler

Black, J. —

This was an action against the appellant to recover damages for the killing of one mule and the injuring *563of another, both the property of the appellee’s testator. The complaint was in two paragraphs, the first stating a cause of action under the statute, alleging that the mules went upon the railroad track at a point where the railroad might have been, but was not,securely fenced, etc., and the second seeking a recovery on the ground of negligence.

A demurrer to each paragraph of the complaint was overruled. The answer was a general denial. The cause was tried by the court, and a…