Toledo, Wabash, & Western Railway Co. v. Howell

This was a suit by the appellee against the appellant to recover the value of stock killed by the locomotive and cars of the appellant,'where the road was not fenced. The complaint was in the usual and proper form. The answer was in two paragraphs; first, general denial; second, “that the stock, alleged to have been injured, came in contact with the locomotive at a point on the line of said railway within the corporate limits of the city of Lafayette, where the company’s roadway passes between and from *448Fourth to Fifth streets, where it was not competent or lawful for said company to fence…