Toledo & Wabash Railway Co. v. Lurch

Lurch sued the Toledo, etc., Railroad Company upon the following cause of action:

“ The Toledo, etc., Railroad Company

To Fmanuel F. Lurch, Lr.

“ 1861, November. To one cow, killed by your locomotive, within Clinton township, Cass county, Indiana, $50.”

TV. Z. Stuart, for appellant. Daniel D. Pratt and Daniel P. Baldwin, for appellee.

The evidence on the trial was that a cow of the plaintiff was found dead near the track of the railroad, with marks on her, indicating that she had been killed by a locomotive; that she was worth $20; was killed, in the fall of 1861, at a crossing of a common road…