Welty v. Indianapolis & Vincennes Railroad

Elliott, J. —

The appellant was the owner of a mare of the value of $150 on the 30th day of September, 1882, and on that day lent her to Thomas King to ride to Martinsville. King became intoxicated while at that place, and was in that condition upon his way from that town to the appellant’s house. The mare, with King as her rider, travelled along the public highway leading to the house of the appellant, but when she came to the place where the highway crossed the track of the appellee’s railroad, left the highway and travelled along the railroad for about eight hundred feet. An approaching…