Toledo, St. Louis & Kansas City Railroad v. Burgan

The appellee brought this action against the appellant, to recover damages for stock injured on appellant’s railroad. The complaint is in two paragraphs, but inasmuch as the appellee failed to make any proof to sustain the first paragraph, it will not be noticed in the further consideration of the record.

The second paragraph reads as follows:

“The plaintiff, Elmer Burgan, alleges that on November 9, 1890, John A. Pierco was the owner of the north half of the southeast quarter of section thirty-two (32), township twenty-four (24) north, range five (5) east, in Howard county, Indiana, and said…