Noblesville Milling Co. v. Baltimore & Ohio Railroad

⁶⁷⁴ Pattison, J., delivered the opinion of the Court. In this ease the appellant, the No-blesville Milling Company, on the 29th day of September, 1917, delivered to the appellee, the Baltimore and Ohio Eailroad Company at Noblesville, in the State of Indiana, five hundred bags of Kismet' flour, consigned to the appellant at Baltimore, Maryland. The flour was transported to Baltimore by the appellee, but after its arrival in Baltimore it was destroyed by fire while in custody of the appellee at its Locust Point terminal. The appellant on the 21st day of December, 1922, brought suit against the appellee to- recover for the loss of the flour.

The declaration contained six of the common counts and one sp.ecial.count. To the special count the defendant pleaded: ,First “That the alleged cause.of action did not accrue within three years before the institution of this suit.” Second: “That the loss or damage complained of in the plaintiff’s declaration occurred prior to the dates on which the shipment in question should.have been delivered by the defendant, and that this suit was not instituted within two years and one day after a reasonable time for delivery had elapsed, as is required by the terms of the published classifications and tariffs .o-f .the common carriers who transported said