Louisville, New Albany & Chicago R. W. Co. v. Cahill

-This was a suit by George Cahill, against the Louisville, New Albany and Chicago Railway Company, for killing two horses at a point on the line of the defendant’s railway, at which it was not securely fenced. The defendant answered in three paragraphs:

1. The general denial;

2. That the plaintiff turned his said horses loose upon *341the streets, highways and unenclosed commons in and about the city of Greencastle, without any care or control over such horses, in violation of an ordinance, of said city, by reason of which said horses wandered and strayed upon the defendant’s railway track and were…