Fort Wayne, Cincinnati & Louisville Railroad v. Woodward

Conceding that the complaint stated facts sufficient to constitute a cause of action, we have concluded, *119after an attentive consideration of the evidence in the record, that the judgment of the circuit court is not sustained by the proof.

The case made is, briefly, as follows: The plaintiff was in the habit of pasturing his horses on a narrow strip or tract containing about four acres of land, lying lengthwise along the appellant railway company’s right of way, in Wells county. This strip of ground was securely fenced all round, except that there was no fence between it and the company’s right…