Legal Opinion
Lake Erie & Western Railroad v. Rooker
Indiana Court of Appeals
Decided September 27, 1895No. 1,750PublishedCited by 2 opinions
From the Marion Superior Court.
1Opinion of the CourtGavin, J.
Appellee recovered judgment against appellant, under section 5313, R. S. 1894, for killing his *601horse, which had entered upon its road where it was not fenced.
The averment that the road should have been fenced at the point of entrance was unnecessary, and should have been omitted, since the law imposed upon the defendant in such cases the burden of showing that the road could not there be lawfully or properly fenced. Chicago, etc., R. R. Co. v. Brannegan, 5 Ind. App. 540; Toledo, etc., R. R. Co. v. Fly, 8 Ind. App. 602.
The statute by its terms imposes upon railroad companies a liability to pay…
2Cases cited12 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Wabash Railway Co. v. ForsheeIndiana Supreme Court · 1881
- Fort Wayne, Cincinnati & Louisville Railroad v. HerboldIndiana Supreme Court · 1884
- Cincinnati, Richmond & Fort Wayne Railroad v. WoodIndiana Supreme Court · 1882
- Evansville & Terre Haute Railroad v. TiptonIndiana Supreme Court · 1885
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3Cited by2 opinions
- Thompson Foundry & Machine Co. v. GlassSupreme Court of Alabama · 1902
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MillerIndiana Court of Appeals · 1907