Pennsylvania R. Co. v. Fidelity & Deposit Co. of Maryland

BUFFINGTON, Circuit Judge.

In the court below, the Pennsylvania Railroad Company (hereafter called Railroad) brought suit against the Fidelity. & Deposit Company of Maryland (hereafter called Fidelity) upon a security bond given by Fidelity to Railroad for the performance by the Pennsylvania Dock & Warehouse Company (hereafter called Warehouse) of a building contract between it and Railroad, which contract Railroad alleged Warehouse and Fidelity had not fulfilled, to the damage of Railroad. The case went to trial, and at the conclusion of Railroad’s proofs the court granted a compulsory…