Toledo, Wabash, & Western Railway Co. v. Cohen

Downey, C. J.—This

was an action by the appellee against the appellant, to recover the value of a horse killed .by the. *445locomotive and cars of the defendant, at a point on its road where, as is alleged, it was not fenced. The action was commenced before a justice of the peace, where there was judgment for the plaintiff, and an appeal by the defendant to the circuit court. In the circuit court, there was a trial by the court, and a proper special finding made, and conclusions of law stated. To these conclusions of law there was an exception duly taken. That the court erred in the conclusions of…