Baltimore, Pittsburgh & Chicago R. W. Co. v. Thomas
Indiana Supreme Court
From the DeKalb Circuit Court.
1Opinion of the CourtBiddle, C. J.
Complaint in three paragraphs, by the appellee, against the appellant, for killing a horse, and a mare, and a pony, by running its train of cars against and over them.
The first and second paragraphs are founded upon the statutory right to recover against railroad companies for killing stock where their railroads are not securely fenced.
The third paragraph is based upon the common-law right for killing the stock carelessly and negligently, without the fault of the apjiellee.
Answer; issue ; trial, and finding by the court.
Exceptions and appeal.
The appellant properly presents and discusses two…
2Cases cited3 opinions
- Peru & Indianapolis Railroad v. HasketIndiana Supreme Court · 1858
- Indianapolis, Bloomington, & Western R. W. Co. v. McBrownIndiana Supreme Court · 1874
- Ohio & Mississippi Railway Co. v. ColeIndiana Supreme Court · 1872
3Cited by12 opinions
- Wabash Railway Co. v. ForsheeIndiana Supreme Court · 1881
- Chicago & Erie Railway Co. v. CummingsIndiana Court of Appeals · 1899
- Louisville, New Albany & Chicago Railway Co. v. DavisIndiana Court of Appeals · 1893
- Louisville, Evansville & St. Louis Railway Co. v. ThomasIndiana Supreme Court · 1886
- Rodgers v. Baltimore & Ohio Southwestern Railway Co.Indiana Supreme Court · 1898
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