Emmons Coal Mining Co. v. Norfolk & Western Railway Co.

This is a suit by the Norfolk and Western Railway .Company to recover demurrage on cars at Lambert’s Point, Virginia, from the Emmons Coal Mining Company and its surety. An affidavit of defence upon -niatters of law was filed, but was held insufficient by the-District' Court, 287 Fed. 168, and judgment subsequently was entered for the plaintiff. The judgment was affirmed by the Circuit Court of Appeals. 3 F. (2nd) 525.

To' facilitate the delivery of coal at tidewater some of the owners of mines upon the lines of the Railway made an arrangement with the latter by which the cars were sorted at…