Ruebel Bros. v. American Express Co.

— I. On March 2, 1918, plaintiff delivered to defendant for interstate shipment a hog, declared to be worth $300. Plaintiff alleges that, at delivery, the hog was healthy, and properly crated. The animal was shipped by various connecting’ routes, died en route somewhere in Texas, and was never delivered to the consignee. Plaintiff asserts that the death was due to negligence; and that, by writing, on due consideration, defendant insured safe delivery to the consignee; and that plaintiff has been damaged in $300. There are denials, and, in addition, there are the following affirmative…