Averett v. Seaboard Air-Line Railway Co.

This is a suit against a railway company for damages on account of its alleged failure to properly handle a car of peaches. The action is expressly based upon the contract of shipment as evidenced by the bill of lading as signed by both the shipper and the carrier.. The suit was brought more than four years from the date of the alleged injury, but within six years from the date of the contract of shipment. The petition was dismissed on general demurrer, as showing on its face that it was barred by the statute. This presents the only question for determination.

“A bill of lading issued by a…