Indianapolis & Cincinnati Railroad v. Caldwell

Suit by Caldwell against the Indianapolis and Cincinnati Railroad Company, to recover the value of a cow killed upon the railroad track of said company by her locomotive.

The cow was killed at a point where the railroad was not fenced, and was not, by law, required to be fenced. The cow was running at large.

In such cases it has been held by this Court, that common-law principles must govern in determining the relative rights and liabilities of the parties. 5 Ind. R. 111.—6 id. 141 (1).

But the point is here made that the Court, in thus deciding, overlooked the statute of the state relative to…