Pittsburgh, Cincinnati, & St. Louis Railway Co. v. Keller

This was an action by the appellee against the appellant, to recover the value of certain hogs, alleged to have been killed by the appellant’s locomotive and cars, upon *212her road at a point where it was not fenced. Issue, trial by the court, finding and judgment for the plaintiff.

The defendant below moved in arrest of judgment, but the motion was overruled, and exception taken. This ruling is assigned for error. It is also assigned for error that the complaint does not state facts sufficient to constitute a cause of action.

The objection to the complaint has reference to the allegation in…