Indiana American. [volume] (Brookville, Ind.) 1865-1872, 1868-04-24
For the American.
Queer judicial Doinqs.

Mr. Editor, We 6nd in our statute
books law requiring all Railroad Com
panies ou ssste,o seoursly fence along
the line ofStheir roads. This law is mol
made so much for the protection of stock
running ut largo. as it is to protect human
life. We also fnd another statute law
which provides that all owners, lesees or
assignees rusning or having charge of any
Railroad in this State, who shall fail to
build and keep up good and sufficient
fence along the line Of their roads, shall
be liable to the owner or owners of any
animals which may be killed or injured
by their rolling stock, whether such in
jury result from carelessness or upayoia-
able aeeident. Only small portion of
the Wv, " Railroad has beeu fenced.
~ rsep at the last term Of Com
mon Pleas Eourt of franklin County,
watchi15 ease ground through under the
foregoing law. The action was first
brought before a Justice Of the Peace,
tried by ajury, and judgment found for
plaintiff for 81, the value Of one hog kill.
ed by cars of w. w V. Railroad. Case
was taken up. or rather down, as the Sc
quel will show, on appeal. The Railroad
attorney resorted to all the tactics known
to the profession, such as fling frivolous
demurrers, dilatory pleas, &c, which is
called ia Court House special pleading,
but in justices Offices pettioggipg. The
only difference is IN tie house. This sys-
tenn Of praciice seemed to embarrass the
plaintiff; but with the aid of gentleman
present who understood the ropes" OF the
Court House, he at length got his case in
Court. The plaintiff demanded a jury,
which embarrassed the attorney for the
road, who jumped up very much excited;
said he wanted change of venue; sat
down; was drawing up nm affidavit to swear
his case out Of the County. when the
plaintiff said he had good case and did
not like 10 follow so small case TO an-
other County, but would submit il to the
Court. This seemed to please the defen-
dunt.
Plaintiff called his Witnesses and proved
that the ears struck the hog, broke it's
back, aud killed il; thar il was his proper.
ty, and worth seven dollars: that the in
jury was done in franklin County; that
the rosd was not fenced; that there was no
public crossing at the point where the hog
was killed. This saue witness stated that
the Railroad crosses the tow-path of the
Canal at that point. Next witness stated
that the road lorked below where the hog
was killed, msin road running on tow path
and switch on the other bank, all the way
along; no street, alley or road or any pub.
lie crossing short of $50 yards from the
place where the hog was found; that the
road was not fenced. Next witness. who
was the plaintiff, drew sketch of the
road, showing how il branched below where
the hog was struck, main track running up
West bank OF the old Cannl; side track on
Eos; bank; no pablo crossing of any kind
short Of 25O yards, which was a street
near the Depot. Court asked this wit.
ness what was between the two Railroad
tracks. Witness answered, water; was old
Canal, now mill race; that The road was
not fenced. This closed the case.
The Judge folded up what was supposed
Il - the notes Of evidence, and left the
Court House. Court ttood adjourned
without form. Next morning he gave his
decision, TO wit: that The cars killed the
hog, that it was the property Of plain Tiff,
and il was hard from him to lose it; but it
appeared there was q Canal there, and the
road crossed the tos-psth near where tho