Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. De Bolt

The appellee brought this action to recover the value of a horse killed by the locomotive and cars of the appellant. The cause was put at issue and tried by a jury, which returned a general verdict for appellee, on which judgment was rendered.

The assignments of error are that the trial court erred in overruling the separate demurrer to the first and second paragraphs of complaint, and in overruling the motion for a new trial. •

It appears, from the allegations of each paragraph, that the horse entered upon the track at a point where the same was not securely fenced. The failure to securely…