Jeffersonville, Madison & Indianapolis Railroad v. Dunlap

This was a suit against the appellant for the killing of the appellee’s horse by the cars of tbe appellant. The complaint was in two paragraphs. The first alleged that the railroad was not fenced, “ at the time when and place where ” the horse was run over and killed. By the second paragraph, the right of action was bottomed upon the negligence of the 'defendant’s servants. The sheriff’s return to the summons was as follows: “ Served the within *427on James H. McClellan, Jeffersonville, Madison and Indianapolis Railroad Agent at Franklin, and Owen Frost, Jeffersonville Railroad Passenger…