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

This action was commenced before a justice of the peace, by the appellee against the appellant, for the alleged killing of the appellee’s cow by the appellant, by means of running a locomotive and a train of cars against and over the cow, upon its railroad track., The complaint contains three paragraphs. The first paragraph charges that the appellant unlawfully, corruptly and negligently killed the cow, without the fault of the appellee. The second paragraph avers that the cow casually went upon the track Avhere the railroad Avas not fenced, and Avas killed where the road was not fenced. The…