Freeman v. Louisville & Nashville R. R.

Taylor, J. :

The appellant sued the appellee, in case, for damages for an alleged detention of the former’s ship in the discharge of her cargo at the latter’s terminal wharf in the city of Pensacola, by refusing to receive such cargo for carriage,.over its line of road. The declaration was demurred to and the demurrer sustained, and upon the «plaintiff’s failure to amend, final judg*422ment upon the demurrer was taken, and from that judgment the plaintiff appeals here.

The declaration demurred to is as follows:

‘Tst. That the defendant was, on the 21st day of January, 1887, and still is, a common…