Sullivan v. American Railway Express Co.

This is an action against a common carrier. Plaintiff seeks to recover for the value of a hog, shipped by him from Martinsburg, Missouri, to Bartlett, Texas. The action originated before a justice of the peace. The statement filed by plaintiff does not allege any negligence on the part of defendant, but bases the action upon defendant's common-law liability as an insurer. Defendant's answer, in addition to a general denial, sets up the contract of shipment, wherein it is provided that the carrier shall not be liable for injury to or loss of the animal, unless caused by its negligence.

Plaintiff…