Pittsburgh, Cincinnati & St. Louis Railway Co. v. Bolner

The appellee, as plaintiff, sued the appellant, as defendant, before a justice of the peace of Blackford county, to recover the value of certain stock killed by the appellant.

From the judgment of the justice, the cause was appealed to the court below.

Appellee’s complaint was in two paragraphs. The first paragraph was for killing a sheep, and the second paragraph was for killing a steer.

In both paragraphs, the appellee alleged, that the stock was killed at a point on appellant’s railroad, where said railroad was not securely fenced in, but could and ought lawfully to have been fenced. In the…