
    No. 13,704.
    The Pennsylvania Company v. McCarty.
    Filed Oct. 18, 1887.
    From the Clark Circuit Court.
    
      S. Stansifer, for appellant.
    
      J. B. Meriwether, for appellee.
   Zollars, C. J.

Appellee’s animal entered upon appellant’s railway and was killed by one of its trains at a point in the city of Jeffersonville where the track might have been, and, under the act of 1863 (R. S. 1881, section 4025, et seq.,) ought to have been, but was not, securely fenced.

The decision in the recent case of Jeffersonville, etc., R. R. Co. v. Dunlap, ante, p. 93, is conclusive upon the question here involved. Upon the-authority of that case, the judgment is affirmed, with costs.  