Stewart v. Pennsylvania Co.

The appellant commenced this action against the appellee before a justice of the peace to recover the value of a mare killed by one of the appellant’s trains on the Indianapolis and Vincennes Railroad.

' The case was appealed to the circuit court, and there tried by a jury, which returned a special verdict, upon which the court rendered judgment for the appellee.

*143The action was under the statute to recover on the ground that the appellee had failed to fence its track where the mare entered upon it.

But one error is assigned, viz.: The court erred in rendering judgment for the appellee on the…