Cincinnati, Hamilton & Indianapolis Railroad v. Ridge

This was a complaint in the usual form, by the appellee against the appellant, for killing the plaintiff’s stock, (hogs,) by the locomotive and cars of the company upon its road, where it was not fenced.

The action was brought before a justice of the peace, where the defendant filed an answer of two paragraphs, viz.:. 1. General denial; and,

2. Special matter.

A demurrer for want of sufficient facts, which was, doubtless, intended to be addressed to the second paragraph, but was in form addressed to the whole answer, was sustained by the justice, and such proceedings were had before him as that…