New York, Susquehanna & Western Railroad v. Ruthven

Opinion by

Trexler, J.,

This was an action in assumpsit brought by the plaintiff, ia common carrier, to recover the charges between June and December, 1914, for the transportation of ninety-four cars at $5 a ear between points on a spur of appellant’s main line, known as Jermyn No. 1 and Jermyn No. 2, in Lackawanna County, Pennsylvania. With a slight reduction, the claim of the plaintiff was admitted by the defendant who set up a counterclaim for $900.45, based on the plaintiff’s refusal to transport sixty-five ears between August and December, 1914, between the same points.

By agreement, the…