Louisville, New Albany & Chicago R. W. Co. v. Smith

David H. Smith sued the Louisville, New *576Albany and Chicago Railway Company, to recover damages occasioned by the running against and injuring a horse of his, by a locomotive of the defendant.

The complaint is in two paragraphs.

The first charges negligence on the part of the road, and alleges that the plaintiff was without fault.

The second charges, that the horse was killed at a point where the road was not so fenced as to prevent animals from straying onto it, and had not been for a long time.

A demurrer.to each paragraph, for want of facts, was overruled, and exception taken. Answer, the…