Chicago & Southeastern Railway Co v. Vert

-This action was brought under §§5323, 5324 Burns 1894, 4098a, 4098b Horner 1897, requiring railway companies to erect fences along their right of way. The cause was put at issue, submitted to the court *79for trial, and a judgment rendered in favor of appellee for $120, principal and interest, and the further sum of $35 attorney’s fees.

The errors assigned are: (1) That the court erred in overruling the demurrer to the amended complaint; (2) in overruling appellant’s motion for a new trial.

The objections urged to the complaint are: (1) That it does not aver that that part of appellant’s road in…