This was an action for negligently and carelessly killing cattle of appellee, for which he had judgment. The evidence is in the record.
There was no proof of negligence; nor was there any allegation or proof as to whether the road was fenced (1).
The judgment is reversed with costs. Cause remanded, &c.
The point was made in the argument of this case, on the part of the appellants, that the cause was decided over an issue of law undisposed of; and Beard v. Adams, 8 Blackf. 469; Barret v. Thompson, 5 Ind. R. 457; and Gray v. Cooper, id. 506, were cited.