American Ry. Express Co. v. Tait

Plaintiff in this action received a wound in the knee as a result of the accidental discharge of a pistol while in the hands of one Odom, an express messenger of the appellant, American Railway Express Company, and from the judgment recovered in his favor the defendant has prosecuted this appeal.

The cause was tried upon issue joined upon counts 5 and- 7, and the sufficiency of these counts as against the demurrer interposed is the first question presented for consideration.

It is well established by the decisions of this court that in cases of this character it is unnecessary to allege that…