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

Appellees, Lange and Gross, sued appellant to recover for the loss of a lot of hay belonging to them, and destroyed by fire negligently set out by appellant.

The averments of ownership are sufficient, and are not in the nature of mere conclusions from the antecedent facts set forth. They are direct and unequivocal.

It is earnestly insisted by counsel that the judgment should be reversed because the complaint avers a joint cause of action in both plaintiffs, while the proof establishes a several right of action in one only. Conceding without deciding the fact to be as claimed, we do not think…