Lake Shore & Michigan Southern Railway Co. v. Bennett

In this action the appellee sued the appellant, in a complaint of two paragraphs. In the first paragraph the appellee sought to recover damages of the appellant for an alleged breach of its common-law duty, as a common carrier *458for hire, in the transportation of freight. It is very clear, however, that the special findings and judgment below in this case were not founded upon the first paragraph of the complaint, and, therefore, it need not be further noticed.

In the second paragraph of his complaint the appellee alleged, in substance, that the appellant, before and at the time of committing…