Indianapolis & Cincinnati R. R. v. Ballard

This was a suit upon a note and mortgage, with prayer for foreclosure, &c.

The defendants answered in three paragraphs, each purporting to go in bar of the whole action, and each alleging a defence by way of set off.

The first paragraph alleged that the plaintiff, by its machinery, killed a cow, the property of the male defendant, of the value, &e., on the railroad where it was not but might have been fenced, &c.

*449The second paragraph alleged that the plaintiff killed another cow of the male defendant, of the value, &c., on her road, where it could not be fenced, by negligently, &c., running over…