Louisville, New Albany & Chicago Railway Co. v. Craycraft

Gavin, J. —

The appellee sued to recover damages for injuries to five mules, sustained by reason of their being put into a defective car.

*204The first paragraph counts on the common law liability under an ordinary parol contract of shipment.

The second paragraph sets up a written contract.

The court, in its special finding, found in favor of the appellant upon the second paragraph and for the appellee upon the first.

The appellant questions here the sufficiency of the first paragraph, claiming that it does not sufficiently allege performance of the contract by appellee.

An examination of the complaint…