Cincinnati, Hamilton & Indianapolis Railroad v. Jones

This was a suit to recover the value of a mare alleged to have been struck and killed by the appellant’s engine and train of cars, on the 18th day of October, 1884. The complaint charged that the railroad was not securely fenced at the place where the animal went upon the track. The issue was made by a general denial. There was a trial, verdict and judgment for $3,500.

It is urged on behalf of the appellant, that the verdict is not sustained by the evidence.

The railroad company rested its defence mainly upon the proposition that it was under no legal obligation to maintain a fence at the place…