Brannenburg v. Indianapolis, Pittsburgh, & Cleveland Railroad

This was an action, commenced before a justice of the peace, for the value of a mare killed by the cars, &c., of the company, at a place where the road was not fenced. Answer filed. Trial; and judgment for the plaintiff for 100 dollars. Defendants appealed to the Cir*104cuit Court, where the plaintiff filed a demurrer to the first paragraph of the answer, which was overruled, and judgment for defendants.

The said paragraph is, in substance, that if the animal, was “lured, &c., it was at the same time and place at which another horse was injured, for which said plaintiff: brought suit before said…