188 Ind. 472 | Ind. | 1919
— This is an action to recover of appellee the amount of a claim for lost and damaged freight, which claim is alleged to have been admitted by appellee to be owing appellant because the claim was neither “paid or rejected by such carrier within ninety days” of its presentation.
This cause of action is based upon the provisions of the act of March 4, 1911 (Acts 1911 p. 454, §§3920b-3920h Burns 1914), and is not an action to enforce any common-law remedy against the railroad company for .damage to or failure to deliver freight.
The rights and remedies of the parties depend, in this action, upon the validity of said act, the facts relating to the filing of said claim, and the conduct of appellee in reference to the claim filed.
The third paragraph, and the only paragraph, of complaint then before the court was held insufficient upon demurrer for want of facts, and judgment was rendered upon plaintiff’s failure to plead further. The only question here is as to whether the court’s ruling upon demurrer was erroneous.
The claim so filed states that Griffen and Tichenor, as agents for appellant, delivered to appellee 923 water
Appellee claims that said complaint fails to allege a
From the complaint it sufficiently appears that the claim was properly filed for and on behalf of appellant by appellant’s agents, and that, if appellee was liable Fo anyone, it was liable to appellant, rather than Griffen
No question is here presented as to whether appellant, if he desired to pursue his claim after the railroad company had failed to act upon the same, should have taken the same up with the Railroad Commission, or its successor, the Public Service Commission.
The paragraph was sufficient, and the demurrer should have been overruled. Judgment reversed with directions for further proceedings in accord herewith.