Southern Railway Co. v. Waxelbaum Produce Co.

1. The amendment objected to did not set forth a new cause of action; nor did it attempt to set up in the same action the common-law liability of the carrier and the statutory liability of the last connecting carrier. The petition as amended showed that the action was based solely on the common-law liability of the carrier. It is essential, in a suit brought under the provisions of section 2752 of the Civil Code of 1910, to allege that the last carrier received the goods “in good order;” and when no such allegation is made, the action will be construed as being based upon the carrier’s…