Chicago, South Bend & Southern Indiana Railway Co. v. Ness
Indiana Court of Appeals
Prom Laporte Circuit Court; James F. Gallaher, Judge. Action by John Ness against the Chicago, South Bend and Southern Indiana Railway Company. Prom a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtFelt, J.
Appellee brought this action under §5707 Burns 1914, Acts 1903 p. 426, to recover damages for the loss of a horse alleged to have been killed by one of appellant’s cars on its right of way where the same was not securely fenced. The complaint is in one paragraph to which a demurrer for want of facts was overruled. Issues were joined by general denial and by a special answer which alleged that the place where the horse entered upon appellant’s right of way was station grounds and not required to be fenced. A trial by jury resulted in a verdict for appellee *287for $150. With its general verdict…
2Cases cited13 opinions
- Indiana, Bloomington & Western Railway Co. v. HaleIndiana Supreme Court · 1884
- Fort Wayne, Cincinnati & Louisville Railroad v. HerboldIndiana Supreme Court · 1884
- Rhines v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1888
- Indiana, Bloomington & Western Railway Co. v. QuickIndiana Supreme Court · 1887
- Cox v. Minneapolis, Sault Ste. Marie & Atlantic Railway Co.Supreme Court of Minnesota · 1889
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3Cited by1 opinion
- Cleveland v. VincentIndiana Court of Appeals · 1915