Terre Haute & Indianapolis R. R. v. Tuterwiler

This was an action brought by appellee to recover damages for two steers, claimed to have been killed through the negligence of the employes of appellant.

The steers were killed early in July on a highway crossing, away from a village or station, at a place where the railroad was not required to fence its road. The cattle were running out on the public commons. Ho evidence was given by appellee showing when or how the cattle were killed. Some evidence was introduced tending to show the cattle were killed by the passenger train going west in the evening. One witness testified lie passed the…