Washington & Lincolnton Railroad v. Powell

The railroad company was sued for the loss of one bale out of a shipment of 100 bales of cotton of the “ average ” weight of 525 pounds and of the value of $157.50. It demurred on the ground that the plaintiff’s petition failed to specify which bale was lost or the weight of that bale. The demurrer was overruled. The defendant’s answer denied the alleged loss. The case was referred to an auditor, who found in favor of the defendant, exceptions were taken to his finding, and the loss by the defendant of the bale of cotton . was contested on the trial of the exceptions. There was no dispute in…