Indiana, Decatur & Western Railroad v. Zilly

The complaint in this cause was in two paragraphs. The first paragraph charged appellant with liability for the loss of the contents of a trunk, delivered to appellant and held by it as a common carrier. The second paragraph of complaint proceeds upon the theory that the appellant was liable to appellee for the loss of the contents of the trunk, charging appellant as a warehouseman. The cause was tried upon the issues formed by the denial of the material allegations of the complaint. The lower court found in favor of appellee, and overruled appel*570lant’s motion for a new trial. This action of…