Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Miller
Indiana Court of Appeals
Prom Dearborn Circuit Court; George E. Downey, Judge. Action by Job Miller against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company. Prom a judgment for plaintiff, defendant appeals.
1Opinion of the CourtComstock, C. J.
Appellee had judgment against appellant under §5313 Burns 1901, §4026 R. S. 1881, for killing his mule which had entered upon the defendant’s track where it was not fenced. The first and second specifications of error challenge the sufficiency of the complaint; the third, the action of the court in overruling appellant’s motion for a new trial.
1. The objection made to the complaint is that it does not appear that the point at which the mule entered upon appellant’s right of way did not come within the exceptions made by the statute requiring railroads to fence their lines. Such averment is…
2Cases cited4 opinions
- Indianapolis & Cincinnati Railroad v. CaseIndiana Supreme Court · 1860
- Indianapolis & Cincinnati Railroad v. StephensIndiana Supreme Court · 1867
- Croy v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1884
- Lake Erie & Western Railroad v. RookerIndiana Court of Appeals · 1895
3Cited by2 opinions
- Moore v. StateIndiana Supreme Court · 1926
- City of Hobart v. State Ex Rel. RoperIndiana Supreme Court · 1926