Lake Erie & Western Railway Co. v. Parker

Bicknell, C. C.

This was an action by the appellee to recover the value of a mare killed upon the appellant’s road by its train of cars, where the road wTas not securely fenced. The appellee had a verdict for $125; judgment was rendered thereon. The only error assigned by the appellant is overruling its motion for a new trial.

There were several reasons for a new trial; the appellant, in *92its brief, discusses only the sufficiency of the evidence, the admission of certain testimony of the witnesses McClellan Morgan and John Parker, and an alleged error of the court in giving to the jury, of its…