Indianapolis, Peru & Chicago R. R. v. Lindley

Action by the appellee against the appellant, for the killing of a cow upon the track of the appellant’s railroad, at a point where the road was not fenced. Error is assigned upon the overruling of a demurrer to the evidence, offered by the plaintiff. Counsel are agreed that the only question is whether the road ought to have been fenced at the point where the cow was killed. The burden of proof that the road was not fenced at the place, of the killing, or of the animal’s entry upon the track, was upon the appellee; but that it was.not the company’s duty to fence at that place, was matter of…