Chicago & Erie Railroad Co. v. Brannegan

This action was brought by the appellee to recover the value of one yearling colt, which it is alleged went upon appellant’s right of way at a point where it was not, but ought to have been, securely fenced,’and. was there killed by appellant’s cars.

The complaint is in two paragraphs. The only material difference in the said paragraphs being, that in the first it is claimed that the colt was killed, while in the second it is claimed it was mortally wounded.

A demurrer to each paragraph, for want of facts, was overruled.

An answer in two paragraphs was filed :

1st. The general denial.

2d. That at…