Legal Opinion

Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Baughn

Indiana Court of Appeals

Decided June 3, 1919No. 9,808PublishedCited by 6 opinions

Prom Randolph Circuit Court; Theodore Shochney, Judge. Action by William J. Baughn against the Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company. Prom a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtMcMahan, J.

The appellee brought this action to recover the value of a mare which it is alleged was struck and killed by one of appellant’s locomotives by reason of the negligence of appellant in failing to fence securely its right of way.

*334The complaint alleged that appellant operated and controlled a certain railway in Randolph county, Indiana, and that.it failed and neglected to construct and maintain a proper fence to restrain horses and cattle from straying on its right of way; that a mare owned by appellee, by reason of the failure of appellant to fence its right of way, strayed upon appellant’s…

2Cited by6 opinions

  1. Guenther v. JacksonIndiana Court of Appeals · 1922
  2. Locomotive Engineers' Mutual Life & Accident Ass'n v. HiggsIndiana Court of Appeals · 1922
  3. State Ex Rel. v. Board of Comrs. of Adams CountyIndiana Supreme Court · 1944
  4. Indianapolis Abattoir Co. v. Penn Beef Co.Indiana Court of Appeals · 1924
  5. Pittsburgh, Cincinnati, Chicago & St. Louis Railroad v. HoffmanIndiana Court of Appeals · 1927

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