Indianapolis & Cincinnati Railroad v. Stephens

— Suit by Stephens against the railroad company for killing fi horse. The complaint avers that on, &c., at the county of Boone and State of Indiana, the defendant, then using and running and controlling The Indianapolis and Cincinnati Bailroad, did then and there run and drive their locomotive and train of cars against and over one dark brown gelding horse, the property of the plaintiftj of the value of $200, thereby.killing the horse; and that the railroad was not then and there securely fenced in by the company nor any other person in 'their behalf. The appellant demurred to the complaint…