Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Wasson
Indiana Court of Appeals
From Superior Court of Marion County (60,060); J. M. Leathers, Judge. Action by John F. Wasson and another against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtComstock, J.
Appellees brought this action agáinst appellant to recover damages for killing and injuring stock at a place in Marion county where it is claimed the appellant was bound, under the statute, to maintain fences and cattle-guards. Appellees recovered judgment for $500. The overruling of appellant’s demurrer for want of facts to the complaint, and its motion for a new trial are assigned as error.
The complaint, omitting formal parts, is as follows: “That on the 16th day of September, 1899, and at the time of the injury of the cattle herein complained of, said defendant had neglected and failed to…
2Cases cited5 opinions
- Wabash, St. Louis & Pacific Railway Co. v. RookerIndiana Supreme Court · 1883
- Helfrich v. WilliamsIndiana Supreme Court · 1882
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. AdamsIndiana Court of Appeals · 1900
- Cincinnati, Hamilton & Dayton Railroad v. VoghtIndiana Court of Appeals · 1901
- Wabash Railroad v. LintonIndiana Court of Appeals · 1901
3Cited by1 opinion
- Terre Haute, Indianapolis & Eastern Traction Co. v. PhillipsIndiana Court of Appeals · 1912