Indianapolis & Cincinnati Railroad v. Meek

10 Ind. 502

• Court: Indiana Supreme Court
• Decided: June 23, 1858
• Status: Published

Opinion

Per Curiam.

These were suits to recover for stock killed upon a railroad which was not fenced. The defense set up was, that the owner of the stock was not the owner of lands adjacent to the roád, &c.

It has been decided in the case of The Indianapolis and Cincinnati Railroad Company v. Townsend, at the November term, 1857

(1), that such a state of facts is not a good defense. See, also, 3 Kernan, 42.

J. S. Scobey and W Cumback, for the appellants. J. Gavin and O. B. Hord, for the appellees.

The judgment in each case is affirmed with 5 per cent, damages and costs.

Antet 38.