Upson Co. v. Erie Railroad

The alleged cause of action numbered “ second ” in the complaint relates to a number of shipments concededly covered by a separate bill of lading, and contains an allegation of a general failure on defendant’s part to deliver safely. '

The facts relating to each distinct shipment for which a bill of lading was issued constitute a separate cause of action. (Morris & Co. v. Southern Express Co., 197 App. Div. 930.) At least in the absence of additional allegations not now contained in the complaint, the facts in relation to each shipment must be separately stated and numbered. (Rules Civ. Prac.…