Collingwood v. Indianapolis, Peru & Chicago Railway Co.

Suti Collingwood, against the Indianapolis, Peru and Chicago Railroad Company, to recover the value of a horse, alleged to have been killed by the cars of the company, where the road was not fenced.

Trial by jury at special term, verdict and judgment for *16plaintiff, over a motion for a new trial. Appeal to general term. In general term, a new trial was granted upon the insufficiency, alone, of the evidence to sustain the verdict.

Instead of taking his new trial in the Superior Court, which he might have had more than a year ago, he appealed from the decision, in general term of that court,…