Baltimore & Ohio Railroad v. Potomac Coal Co.
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County. On the 8th August, 1878, the Baltimore and Ohio Rail-read Company instituted suit against the Potomac Coal Company,-for the purpose of recovering the sum of thirty-two thousand, three hundred and eighty-one dollars and seventy-seven cents, being a balance due from tolls and charges on coal and merchandise carried and transported by the plaintiff over the line of its railroad, in the cars of the defendant, at its request, from…
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Appeal from the Circuit Court for Howard County. On the 8th August, 1878, the Baltimore and Ohio Rail-read Company instituted suit against the Potomac Coal Company,-for the purpose of recovering the sum of thirty-two thousand, three hundred and eighty-one dollars and seventy-seven cents, being a balance due from tolls and charges on coal and merchandise carried and transported by the plaintiff over the line of its railroad, in the cars of the defendant, at its request, from the 18th day of April, 1876, to the 23rd day of June, 1877, inclusive. The declaration further alleged, that the…
1Opinion of the CourtRobinson, J.
This suit was brought to recover freight claimed to be due by the appellee, on account, of coal transported over the road of the appellant. .
On March 1st, 1864, the following letter was sent to. the appellee:
“Newell Clark, Esq.
“Dear Sir:- — The President directs me to reply to your communication of yesterday, and to state that provided you will place your own cars upon the Baltimore and Ohio Railroad, to be used in the transportation of coal from Piedmont to Baltimore, we will agree to the following conditions:
“ 1st. To allow one-fourth of one per cent, per ton per mile for cars so used.
“…
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