Lyons v. Terre Haute & Indianapolis Railroad

The cow of the appellant was killed upon a *420public crossing by the locomotive of the appellee. There was no evidence that the board of commissioners had passed an order authorizing cattle to run at large. The appellee demurred to the evidence and the court sustained the demurrer.

Filed April 22, 1885.

Where there is an essential want of evidence, a demurrer by the party not having the burden should be sustained. It is not sufficient that the evidence sustains many points; it must sustain all the points essential to the existence of the cause of action declared on. In such a case as this an…