Noblesville & Eagletown Gravel Road Co. v. Gause

We are not required to critically examine the pleadings in this case, as the only questions argued are those arising upon the ruling denying appellant a new trial. In order, however, to understand the force of objections urged against rulings upon instructions, it is necessai-y to briefly summarize some of the leading facts stated in appellee’s complaint, and established by the evidence. The appellant was the owner of a toll-road, had constructed *143across it for use as a toll-gate a rude wooden beam of large size, which could be raised or lowered by the gate-keeper. The appellee was riding…