Indianapolis & Cincinnati Railroad v. Remmy

Remmy and Spaugh sued the Indianapolis and Cincinnati Railroad Company, for a failure to deliver, in time and condition, freight, consisting of certain car loads of hogs. The complaint states that the company “ agreed to and with the plaintiffs that, in consideration of the payment of a large sum of money, to-wit,” &c., “the said company would carry said hogs with all proper care and speed,” &c., “to,” &c.; “and that in pursuance of said contract,” &c., the hogs were delivered and received, &c.

The agreement is not alleged to be in writing.

For breach, it is averred that, through carelessness…