J., M. & I. R. R. v. Lyon

— This case is here the second time — see 55 Ind. 477. The first error now assigned brings in question the-sufficiency of the facts averred in the first paragraph of the-complaint to constitute a cause of action. This paragraph, as now drawn, is in all respects essentially the same as it was. on the former appeal, and we need not give another copy.

For the same reason as was announced before, it is not a good complaint at common law, for the negligent killing of the animals, independently of the statute requiring the fencing in of railroads. There is no allegation that the injury was done or…