Indiana Court of Appeals February 15, 1893, No. 669 (Lake Erie & Western Railroad v. Ziebarth)

Davis, J.

The complaint filed by appellee in this ease against appellant is in two paragraphs. The first paragraph is in the ordinary form of trespass on real estate, and alleges appellant’s wrongful breaking into and entering upon certain of appellee’s lands; the wrongful taking down and removing of a fence standing thereon; the plowing up of the surface of the earth, making embankment and