Terre Haute & Indianapolis Railroad v. Penn

— The appellee sued the appellant in a complaint of two paragraphs. In the first paragraph appellee claimed damages for the killing of a young mare belonging to him. In the second paragraph he claimed damages for the crippling of the same animal. The death and injury complained of were alleged to have been caused and done by the locomotive and cars running upon a railroad used and operated by the appellant, at a place where “ said road was not securely fenced, and there were no sufficient cattle-guards.”

Answer, the general denial. Trial by jury; verdict for appellee for $75; motion for a new…