Weaver v. Southern Railway Co.

The plaintiff brought an action sounding in tort, against the Southern Railway Company, for a breach of its duty to safely carry and deliver a certain shipment of mules and horses. The defendant at first answered the petition by a general denial of its several paragraphs. 'Thereafter the court, over objections of the plaintiff, allowed the defendant to amend its answer by setting up the contract, and that the plaintiff was not entitled to recover, because all of the stipulations of the contract, by its express terms, inured to the benefit of the defendant, and the plaintiff failed to comply…