Long v. American Railway Express Co.

This is an action in damages on account of the death and loss of a Jersey cow which plaintiffs delivered to defendant at Bangor, Me., on August 29, 1921, consigned to themselves at Lees Summit, Mo.

The petition is in two counts, the first based upon defendant’s common-law liability as a common carrier and the second upon negligence. At the close of the evidence the motion of defendant to require plaintiffs to elect upon which count they would go to the jury was sustained, and plaintiffs elected to stand upon the second, or negligence count, and dismissed as to the other. The part of the second…