Indiana Court of Appeals January 5, 1892, No. 392 (Chicago, St. Louis & Pittsburgh Railroad v. Fenn)

Crumpacker, J. —

Fenn sued the railroad company for killing a hijrse at a public highway crossing. The complaint is in two paragraphs. The first states a cause of action under the statute for the alleged negligence of the defendant in failing to give the statutory signals at the highway crossing, whereby plaintiff’s animal was killed; the other seems to declare upon a common law liability for