Seaboard Air Line Railway Co. v. Gay

Defendants in error, plaintiffs below, brought an action against defendant railway company to recover damages for alleged breach of duty to furnish sufficient cars for transportation of watermelons resulting, as asserted, in loss to plaintiffs.

The amended declaration contains two counts.

A demurrer directed to the amended declaration was overruled. It does not appear that both counts of the declaration failed to state a cause of action. At the trial, plaintiff elected to rely upon the first count of the amended declaration — being the common law liability for failure to furnish cars.

Pleas of…