Southern Ry. Co. v. Northwestern Fruit Exch.

On Rehearing.

MILLER, J.

It is true we refer in this opinion to count 2 in the case of Walter v. A. G. S. R. Co., 142 Ala. 474, 39 South. 87, which was there held sufficient; and state that counts 2 and 3 in this case follow in form that count. In citing and referring to that case, we do not overlook the fact the count 2 contained the averment that the goods were not delivered to the plaintiff in the condition in which they were received by the terminal or delivering carrier, and the delivering carrier was the only defendant in the case. Counts 2 and 3 in this case contain no such averment as…