New Albany & Salem Railroad v. Grooms

Perkins, J.—

Grooms sued the railroad company before a justice of the peace, for the loss of a mare which was drowned in a well alleged to have been negligently kept uncovered by the company, and recovered a judgment by default for 95 dollars. The company appealed to the Circuit Court, and there moved to dismiss for want of sufficient notice and service of process; but the appellee interposed a motion'for leave to amend the return of the constable, which was granted, and the motion to dismiss was overruled, and exceptions were taken.

The case was tried by the Court, and a judgment rendered for…