Chicago & Erie Railroad v. Keefer
Indiana Court of Appeals
From Huntington Circuit Court; Claud Cline, Special Judge. Action by Mathias Keefer against the Chicago and Erie Railroad Company and another. From a judgment for the plaintiff, the named defendant appeals.
1Opinion of the CourtCaldwell, C. J.
Appellee brought this action against appellant and a construction company to recover the value of a horse alleged to have been run against and killed by one of appellant’s trains. The *17verdict and judgment were in favor of the construction company. The cause of action against appellant was predicated on §§5436-5442 Burns 1914, §§4025-4031 it. S. 1881, it being alleged that appellant failed to maintain a proper fence along its right of way, and that as a consequence appellee’s horse escaped from his inclosure onto appellant’s right of way and railroad, and was struck' and killed as aforesaid.…
2Cases cited3 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. VanceIndiana Court of Appeals · 1915
- Cleveland v. VincentIndiana Court of Appeals · 1915
- People Ex Rel. Fiske v. . BantzNew York Court of Appeals · 1918