Jeffersonville, Madison & Indianapolis Railroad v. Dunlap

It is conceded by the pleadings that appellee’s animal was killed upon appellants’ track by a train, of cars, within the limits of an incorporated town “ laid out and platted into lots and blocks.”

Negligence is not charged, nor is it contended that-the railway company might not have fenced its right of way at the place where the animal went upon • the track and was killed. Appellee’s claim is, that appellánts are liable under the statutes in relation to fencing railway tracks by railway companies.

It is conceded by counsel for appellants, that unless the act of April 13th, 1885, Acts 1885, p.…