Emmons Coal Mining Co. v. Norfolk & W. Ry. Co.
Court of Appeals for the Third Circuit
1Opinion of the Court
GIBSON, District Judge.
In the court below the Norfolk & Western Railway Company brought its action against the Emmons Coal Mining Company and the Fidelity & Casualty Company of New York to recover an amount alleged to be due as *526demurrage upon -certain cars of -coal shipped over the line of the plaintiff by the first-named defendant. The Fidelity & Casualty Company of New York was surety upon the bond of the Emmons Coaí Mining Company, conditioned that the principal should pay all freight charges, demurrage, etc., due from it to the railway company.
The defendants each filed an affidavit of…
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