Louisville, New Albany & Chicago Railway Co. v. Bryan

This action was brought by Bryan against the railway company, to recover damages for killing one horse and injuring another, while both were being driven in a buggy, by the plaintiff, across the defendant’s track, at a street crossing in the northern part of the city of Lafayette.

The complaint was in two paragraphs, one of which counted upon the negligence of the defendant, while the other was to recover for an injury alleged to have been purposely or wilfully committed. In the one paragraph suitable averments,, to the effect that the plaintiff exercised due care, and was without fault, are…