
    The Indianapolis, Peru and Chicago R. W. Co. v. Goar.
    Demurrer to Evidence. — Practice.—On a demurrer to evidence, its fair weight, and all reasonable inferences deducible therefrom, fall against tha party demurring.
    From the Howard Circuit Court.
    
      D. Moss, for appellant.
    
      J. Green, D. Waugh and J. Waugh, for appellee.
   Biddle, J.

Complaint against the appellant, by the appellee, for killing a steer on the track of the appellant’s; railroad, where it was not securely fenced, by running upon and over the steer with a train of cars.

Demurrer to the evidence; judgment for the appellee.

The sufficiency of the evidence is the only question presented. On a demurrer to evidence, its fair weight, and. all reasonable inferences from it, fall against the party demurring. McCreary v. Fike, 2 Blackf. 374; Greggs v. Seeley, 8 Ind. 264; The City of Indianapolis v. Lawyer, 38 Ind. 348; Lindley v. Kelley, 42 Ind. 294; Strough v. Gear, 48 Ind. 100; Holmes v. The Phœnix M. L. Ins. Co., 49 Ind. 356; Pinnell v. Stringer, 59 Ind. 555.

Under this rule, upon examination, we are convinced! that the evidence fully supports the judgment, which is affirmed, at the costs of the appellant.  