Louisville N. R. Co. v. Carter

Appellee sued appellant to recover' damages for the death of his dog, al-" leged to have been killed by one of the appellant’s trains. There was verdict and judgment for the plaintiff in the sum of $25, from which the defendant prosecutes this appeal.

The cause was tried upon count 1, charging simple negligence, the general issue thereto, and special plea No. 3. By this special plea defendant sought to interpose the defense that it had erected a fence upon that portion of its right of way where the dog was killed, and that said fence was erected and maintained in conformity to notice-issued by…