43 Ind. App. 509 | Ind. Ct. App. | 1909
The complaint is in one paragraph. It avers that the defendant is a corporation doing a general railroad business in the State of Indiana, and for the purpose has a line of railroad extending from Cincinnati, Ohio, to St. Louis, Missouri, which line of railroad runs across Halbert township, Martin county, Indiana. Plaintiff avers that he lives along the line of said railroad in said township, and has possession of a farm that lies along and adjoining the right of way of said railroad company; that on December 9, 1906, a horse belonging to plaintiff escaped from
A demurrer to the complaint for want of facts was overruled. The cause was put at issue, tried before a jury, and a verdict rendered for $100.
This court in Cleveland, etc., R. Co. v. Van Natta (1909), 41 Ind. App. —, in which the sufficiency of the complaint was called in question by demurrer for want of facts on substantially the same ground, held the complaint sufficient. Upon the authority of that case the claim must he disallowed.
The only other error assigned is overruling appellant’s motion for a new trial. The first reason for a new trial is ihat the verdict is not supported by sufficient evidence.
Judgment affirmed.