Faulkner v. South Pacific Railroad

The plaintiff sued the defendants for damages growing out of the alleged breach of contract of affreightment from St. Louis to Lebanon, and from Arlington to Lebanon also, for goods sold-and delivered, and upon an account for lost goods assigned to plaintiffs.

The petition alleges that defendant is a corporation,- and that it is a common carrier of goods and passengers from St. Louis to Lebanon. This allegation is not noticed by the answer, and it therefore, for the purpose of this case, must be *312taken as true, and this will dispose of the question of alleged partnership between the two…