58 Ind. App. 1 | Ind. Ct. App. | 1915
This is an action brought under §5436 Burns 1914, §4025 R. S. 1881, for damages for injuries to a horse which strayed from appellee’s enclosure and after-wards entered on appellant’s right of way through an opening in appellant’s fence. A demurrer to the complaint was overruled, and the cause was put at issue by a general denial. A trial by jury resulted in a verdict in appellee’s favor for $120. A motion for new trial was overruled and judgment rendered on the verdict.
The judgment below is therefore reversed with instructions to the trial court to sustain the motion for a new trial and for any further proceedings not inconsistent with this opinion.
Note. — Reported in 108 N. E. 158. As to the duty of railroad companies to fence their tracts where no statute exists requiring it, see 7 Am. Rep. 47. See, also, under (1) 33 Cyc. 1257, 1261; (2) 33 Cyc. 1325, 1299, 1312; 38 Cyc. 1814; (3) 33 Cyc. 1293; (4) 33 Cyc.. 1274, 1257.