Jeffersonville Railroad v. Martin

The appellees, who were the plaintiffs, sned the railroad company in the Common Pleas, to recover the value of a horse killed by a locomotive of the company, while running on their road.

The complaint alleges that the horse belonged to the plaintiffs, was of the value of 200 dollars, and that the railroad was not fenced; but it fails to charge the company, or their agents, with negligence, or unskillfulness, or willful misconduct in running the train.

The defendants demurred to the complaint; but their demurrer was overruled. Thereupon they answered, 1. By a general denial. 2. That the…