27 Ind. 71 | Ind. | 1866
This was an action in the Common Pleas Court of White county, for damages sustained hy the killing of cattle belonging to the appellee, hy the cars -of the appellant, along the line of the road, at a point where the same was not fenced. The complaint was in three paragraphs. The first was for the killing of a steer, on the 5th day of July, 1865, to the plaintiff’s damage in the sum of $25. The second was for the killing of a cow, on the 16th day of October, 1865, to the damage of the plaintiff in the sum of $50. The third paragraph alleged the killing of a heifer, on the 16th day of November, 1865, to the plaintiffs damage in the sum of $18. Trial and finding for the plaintiff.
It is assigned in this court as error, that the Common Pleas .Court had no jurisdiction of the subject matter of the action. This point was not presented in the court below,
The judgment is reversed, with costs, and the cause remanded, with directions to dismiss the action.