C. M. McMahen & Sons v. Louisville & N. R.

This is an action wherein plaintiff claims damages on a certain car lot of Irish potatoes shipped from Pollard, Ala., to St. Louis, Mo., in which it was claimed by the plaintiff that as a proximate result of defendant’s negligence the potatoes became damaged by rot. The defendant pleaded the general issue, in short by consent with leave to give in evidence any matter of special defense as if the same had been specially pleaded. The defense was: (1) That the potatoes were damaged by reason of a certain disease, incident to their growth; (2) that there was a clause in the bill of lading…