Rogers Bros. Coal Co. v. Hines

Opinion op the Court by

Judge Clay

Affirming.

Rogers Brothers Coal Company sued the Director General of Railroads and the Louisville & Nashville Rail*796road Company to recover damages in a large sum for their failure, after reasonable notice, to furnish a sufficient number of cars to accommodate its business during certain months of the years 1918, 1919 and 1920. The Director General filed an answer in the nature of a plea in abatement, to which a demurrer was sustained. The railroad pleaded non-liability because of federal control and asked to be dismissed. From an order granting its prayer, the…