Baxter v. Louisville, New Albany & Chicago Railway Co.

Appellant sued appellee in the circuit court of Cook county for a failure to safely carry certain live stock from Chicago to Richmond, Va., under a contract of shipment evidenced by three receipts in writing, dated September 28, 1891, signed by the agents of the respective parties. At the close of plaintiff’s evidence the defendant made the following motion: “Defendant moves the court to instruct the jury to return a verdict for the defendant, because the plaintiff has failed to allege or prove compliance on his part with an express provision contained in the contract sued on, requiring him…