Southern Express Co. v. Sinclair

Lumpkin, J.'

Thomas Sinclair brought an action for damages against the Southern Express Company, on account of the failure of the defendant, as a common carrier, to transport and deliver a •certain trunk shipped from Augusta, Georgia, to New York city. He recovered a verdict, but, on motion, a new trial was granted. He then dismissed that proceeding, and brought an action of trover against the same defendant, to recover the trunk or its value. In the second action he did not allege that the defendant was a common carrier or plead any breach of duty imposed on it as such, or any breach of…