Virginian Railway Co. v. Stoke

This is an action of assumpsit brought by the railway company against Stoke to recover a balance claimed by the plaintiff to be due for freight and demurrage on two wagons. By consent of the parties, the case was heard by the court, upon an agreed statement of the facts, without the intervention of a jury. The trial court entered judgment for the defendant, which judgment we are now asked to review and reverse.

The facts of the case are not controverted. They are stated in the petition for the writ of error, and, after *188making a slight correction suggested by the defendant in error, are…