Baltimore & O. R. v. Brady

PARKER, Circuit Judge.

This is an appeal in an action instituted pursuant to section 161 (2) of the Interstate Commerce Act as amended (49 USCA § 1G (2) to recover damages sustained by tho plaintiff, A. Spates Brady, as a result of the failure and refusal of the defendants the Baltimore & Ohio Railroad Company and the Western Maryland Railway Company, to furnish the plaintiff coal cars in which to ship tho product of his coal mine. Prior to the institution of the action plaintiff applied for relief to the Interstate Commerce Commission under section 91 of the act (49 USCA § 9); and the…