Cincinnati, Hamilton & Dayton Railroad v. Norris

Suit by Frederick S. Norris, the appellee,, against the appellant.

The suit was commenced before a justice of the peace, and its object was to recover the value of a steer killed by the appellant, upon the Cincinnati, Hamilton and Indianapolis Railroad.

The complaint did not allege, that the Cincinnati, Hamilton and Dayton Railroad Company was running the Cincinnati, Hamilton and Indianapolis Railroad in the. name of the company owning the road. The Pittsburgh, etc., R. W. Co. v. Bolner, 57 Ind. 572. Nor was the fact proved on the trial.

In this case, the evidence failed to establish that…