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

The first and second errors assigned are:

■ 1. That the complaint does not state facts sufficient to constitute a cause of action.

2. The court erred in overruling the demurrer to the complaint.

Appellee sued on a written contract which he sets out and makes park of his complaint. This contract, a bill of lading, stipulates specifically the terms upon which the shipment is made, and the conditions to be met upon the part of appellee as well as the part to be performed by appellant.

The contract set out in the complaint contains the following condition or specification: “Claims for loss or damage…