Bellefontaine Railway Co. v. Suman

The errors complained of are: 1. That a demurrer to the complaint was overruled. 2. That a demurrer to the answer was sustained.

The complaint was to recover for sheep of the plaintiff, killed by the defendant’s cars. It was averred that “ at the time of the killing of said sheep said railway was not securely fenced in, and said fence properly maintained by said company.” It is argued that it does not appear from this averment that the railway was not securely fenced at the place where the animals entered upon it. It is not to be questioned that the complaint would be true, though the railroad…