Indianapolis & Cincinnati Railroad v. Kercheval

This was an action brought in the Court of Common Pleas by Kercheval, against the railroad company, to recover the value of three horses killed by the cars of the defendant upon her railroad track, the road not being fenced. The action was based upon the statute of 1853, making railroad companies liable, without negligence, for stock killed or injured by the locomotive, &c. of the company, unless the road is properly fenced, and the act amendatory thereof, approved March 4, 1859. There is no charge, or proof, of negligence on the part of the company. It was alleged and proven that three…