Terre Haute & Indianapolis Railroad v. Schaefer

In an action originating before a justice of the peace, brought by the appellee against the appellant to recover the value of certain cattle run against and killed by the appellant’s locomotive and train of cars, it being alleged in the complaint that the cattle entered the appellant’s “ track and right of way at a place where the same was not fenced,” judgment was recovered by the appellee in the court below on appeal.

The question as to the sufficiency of the complaint after verdict is presented, and it is contended on behalf of the the appellant that it should have been alleged in the…