Clark v. Louisville N. R. R. Co.

This suit is by the appellant against appellee to recover damages growing out of delay In the transmission and delivery of a carload of potatoes received originally by the defendant as initial carrier for shipment from Castleberry, Ala., to Cincinnati, Ohio.

Demurrers to counts 1 and 3 were overruled, but sustained as to counts 2 and 4, and count 4 as amended. By reason of the adverse ruling of the court as to these la'tter counts, plaintiff suffered a nonsuit, and ap-' peals to review the action of the court’ in sustaining said demurrer to counts 2, 4, and 4 as amended.

The shipment was…