Hanna v. Terre Haute & Indianapolis Railroad

Mitchell, J. —

Hanna and Goslin sued the Terre Haute and Indianapolis Railroad Company to recover the value of two cows, alleged to have been injured by the company’s cars. The complaint is in two paragraphs; the first counts upon the statutory right of action, the charge being that the animals entered upon the railroad track and were injured at a point where the track was not securely fenced. The second paragraph is a common law action, for negligently injuring the plaintiff’s animals. While there are some averments which render uncertain the theory upon which the pleader intended to rely, it…