Atlantic Coast Line R. v. J. S. Carroll Mercantile Co.

This is an action against a common carrier for injuries to four mules while in transit. This is the third appeal. For former decisions, see 206 Ala. 320, 89 So. 509, and 210 Ala. 284, 97 So. 904.

The complaint is-in Code form (Code of 1923, § 9531, form 15), except it fails to state the place of delivery of the shipment. This is a material allegation to properly apprise the carrier of a fact needful to the preparation of its defense.

In this case, however, the same complaint, amended only as to amount claimed, had been on file from the beginning of the suit. Two trials had been heard wherein…