Carleton Mining & Power Co. v. West Virginia Northern Railroad

Maxwell, Judge:

The defendant in the above styled action in assumpsit prosecutes the present writ of error to a judgment for the plaintiff in the sum of $9,600.37, being a portion of the amount claimed by the plaintiff to be due to it on a contract of sale between the parties.

The defendant is a common carrier, owning and operating a railroad 10.97 miles in length, extending from Tnnnelton, on the main line of the Baltimore & Ohio Railroad, to the town of Kingwood. From a point on defendant’s line near Tunnel-ton a line of railroad 5,612 feet in length, commonly called the Atlantic Branch,…