Ohio & Mississippi Railway Co. v. Rowland

Suit by the appellee against the appellant, for killing a mare with a locomotive, on a railroad track, where it was not fenced.

The complaint is sufficient.

Answer, general denial. Trial by jury, verdict for appellee. Motion for a new trial overruled. Exception. Judgment. Appeal.

During the trial, after the appellee had closed his evidence in chief, and after the appellant had introduced evidence tending to show that, at the place where the mare was alleged to have been killed, the railroad company was not bound to fence its track, the witness, Clark, was asked the following question: “ State…