Thomas v. Grand Trunk Railway Co.

Boycs, J:—

There are two counts in the declaration which allege in effect a failure by the defendant to deliver at Toronto a carload of peaches received by it as a common carrier.

To the declaration numerous pleas have been filed; on the first three of which issue has been joined. The plaintiff has demurred to the remaining pleas and the defendant has joined in demurrer. All the pleas, except the first three, are by way of special traverse with the usual abseque hoc. By these pleas the defendant seeks to show that the plaintiff has no right of action because of the special averments therein.

The…