Indianapolis & Cincinnati Railroad v. Kercheval

A complaint in two paragraphs was filed against the appellant. The cause of action stated in the first paragraph, was the killing, on the 24th day of May, 1864, by appellants’ cars, of a mare, and the injuring of a colt. It was averred that the railroad was not securely fenced. The damages claimed were $200.

The second paragraph alleges the killing, in July, 1868, of a cow belonging to appellee, of the value of $50.

A demurrer, for want of jurisdiction of the cause of action, was filed to the second paragraph. The demurrer was overruled. Upon the trial, the witnesses fixed the value of the mare…