Legal Opinion

Chicago, Indianapolis & Louisville Railway Co. v. Brown

Indiana Court of Appeals

Decided October 4, 1904No. 4,972PublishedCited by 1 opinion

From Clay Circuit Court; P. O. Colliver, Judge. Action by James M. Brown against the Chicago, Indianapolis & Louisville Railway Company. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtComstock, J.

Plaintiff (appellee) sued to recover the value of a horse alleged to have been killed by a train of cars on defendant’s railway. The complaint Was in two paragraphs. In one it was alleged that the railroad, at the point where the horse entered upon said track and right of way, was not securely fenced; in the other, that the horse was purposely killed. The latter paragraph was dismissed. The answer was a general denial. There Was a verdict in favor of appellee for $125, and judgment thereon. With the general verdict, the jury returned answers to interrogatories.

The errors assigned are, the…

2Cases cited8 opinions

  1. Jeffersonville, Madison & Indianapolis Railroad v. DunlapIndiana Supreme Court · 1887
  2. Louisville, New Albany & Chicago Railway Co. v. HughesIndiana Court of Appeals · 1891
  3. Louisville, New Albany & Chicago Railway Co. v. EtzlerIndiana Court of Appeals · 1892
  4. Jeffersonville, Madison & Indianapolis Railroad v. PetersIndiana Court of Appeals · 1891
  5. Ohio & Mississippi Railway Co. v. WrapeIndiana Court of Appeals · 1892

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3Cited by1 opinion

  1. Central Indiana Railway Co. v. SmithIndiana Court of Appeals · 1908

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