Seaboard Air Line Railway Co. v. A. R. Harper Piano Co.

— An action was brought against the railroad company as a common carrier and judgment was obtained against the carrier for the value of a piano and for the penalties prescribed by Chapter 5618, Acts of 1907, for the failure of a carrier to pay within sixty days from its presentation a claim for freight lost by the carrier. The defendant took writ of error.

The third count of the declaration on which the judgment must be predicated does not allege facts showing a liability of the defendant, but there can be no recovery in this action on the evidence.

It appears that A. R. Harper, doing business…