Bashar v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.

Robinson, Judge:

The demurrer to the declaration was properly overruled. The pleading is not subject to the criticism that it does not allege a promise to pay, and therefore is not good in assumpsit. It is a declaration on a contract to carry goods. The promise and undertaking safely to carry and deliver is plainly averred. The declaration as a whole has been copied from the form given in 4 Minor’s Institutes, 3d ed., pt. 2, page 1682. It is undoubtedly good. Plaintiff’s counsel seems to think it is not good because it does not allege a promise of payment. But it is not based on a case for the…