Manbar Coal Co. v. Davis

ROSE, Circuit Judge.

The plaintiff in error occupied the same position below and will be so designated here. It owns and operates certain coal mines in Eogan county, W. Va., on the line of the Chesapeake & Ohio Railway Company. The declaration filed in this case contained three counts. The first and second of these are for present purposes substantially alike. In each of them it seeks to recover from the defendant for the damage it said it suffered in consequence of the government’s failing and refusing during the period of federal control to furnish it with an adequate number of cars in which…