Palmer v. Atchison, Topeka, & Santa Fé R.R.

This action was brought to recover from defendant, a corporation and a common carrier, damages sustained by plaintiff by reason of the alleged failure of defendant to transport from Kansas City, Missouri, to San Diego, California, and deliver to the plaintiff, within a reasonable time, five carloads of furniture. Plaintiff had a verdict for one thousand dollars, upon which judgment was entered. Defendant appeals from the judgment and from an order refusing a new trial.

Plaintiff’s recovery was founded upon the second count of his complaint. To this a demurrer was interposed which appellant contends should have been sustained, but which was overruled. The portion of the complaint to which objection is taken may be epitomized as follows:

That defendant received the same at the date mentioned for the purpose of transportation aforesaid, but did not, as it undertook to do, transport said goods to San Diego within a reasonable time, and did not deliver the same to plaintiff until on or about February 15, 1888.

The objection goes to the point that the complaint should have specified what was a reasonable time for the transportation of the goods between the two points, and failing to…