Thursday, December 6.
OH petition for rehearing.
J. S. Seobey, for appellant.
J. B. MeFadden, for appellee.
(1) Mr. Seobey for appellant: This action was a local one. The statute required that it should be brought before some justice of the peace of the county in which the animal was killed. Acts 1853, p. 113. The finding of the Court below cannot bind this Court, as there was no evidence on this point. Williams v. N. A. & S. Railroad Co., 5 Ind. 111.
The petition, in this case, is based upon the alleged failure of the appellee, who was plaintiff below, and had sued for an animal killed by rolling stock, to prove that the injury was committed in Shelby county.
Ho witness stated that the animal was killed in that county; yet several stated, that it was killed on the railroad between two named geographical points, which we will judicially notice are in that county.
Motion overruled.
15 Ind. 42
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