Louisville N. R. Co. v. Finlay

FOSTER, Justice.

This is an action at law for the failure to deliver to plaintiff a carload of sugar, received by defendant as a common carrier and to be delivered to plaintiff at Brewton, Ala.

Defendant pleaded, in addition to the general issue, pleas 2, 3, and 4, to which demurrer was overruled. Issue was then taken on them without a special replication. Pleas 2 and 3 allege that the shipment was interstate, and that after it reached its destination at Brewton, there occurred an unprecedented flood, which caused the main streets in Brewton to be submerged in seventeen feet of water and the…