Austin, Nichols & Co. v. Chesapeake & Ohio Railway Co.

The defendant moves to dismiss the complaint and for judgment on the pleadings on the ground that the complaint does not state facts sufficient to constitute a cause of action. The complaint consists of six alleged causes of action, each involving a separate shipment of sugar having its origin on the railway operated by the defendant, and each shipment being consigned to the plaintiff. The allegations in each count are identical, with the exception of the difference in dates, figures, amounts and places of shipments, and the following essential allegations are typical of all: That as a common…