Central Railroad & Banking Co. v. Cooper

Lumpkin, Justice.

1. The declaration alleged that the plaintiff' shipped over the defendant’s road twelve tons of guano to be delivered to him at Perry, and that on its arrival at that place, the company negligently and carelessly unloaded the guano “in the rain, and stored the same on an open, uncovered platform in the rain and weather; that said guano was thoroughly wetted, and by said wetting, caused by said rain, it become totally worthless.” No other ground of liability than as above stated was mentioned, or even hinted at, in the declaration; so there wTas no allegation upon which it…