Cincinnati, Hamilton & Indianapolis R. R. v. Bartlett

Bartlett sued the Cincinnati, Hamilton and Indianapolis Railroad Company, on their liability at common law, for negligently injuring his horse.

The only question presented is: Bo the facts proved on the trial make a case of negligence ?

Those facts are, that the horse of Bartlett strayed onto the track of the railroad, coming upon the track at the crossing of a highway, a little distance ahead of the train, which was moving westward. .The horse came upon the track and turned westward, proceeding on the track, in front of the train. He ran at greater speed than the train, and increased his…