Indianapolis, Peru & Chicago R. W. Co. v. Caudle

Suit commenced before a justice of the *113peace, by the appellee, against the appellant, for killing a cow, the property of the appellee, by running over her with a locomotive and train of cars.

The complaint contains several paragraphs, charging that the cow was killed where the railroad was not fenced; and also, that she was killed in a wanton, careless, negligent and wilful manner by the appellant, without any fault of the appellee.

The case was appealed from the judgment of the justice to the circuit court, wherein a jury was called to try the issue; but, before the trial closed, the appellant…