CARR, Presiding Judge.
In the court below this cause of action was submitted on the following agreed statement of facts:
"1. Plaintiff is a corporation organized under the laws of the State of Alabama, and the defendant is a municipal corporation located in Morgan County, Alabama.
"2. During the year 1948 the plaintiff was engaged in business as a common carrier of freight in the State of Alabama and was operating under and by virtue of the provisions...
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