Norfolk & W. Ry. Co. v. Emmons Coal Mining Co.
District Court, E.D. Pennsylvania
At Paw. Separate actions by the Norfolk & Western Railway Company against the Emmons Coal Mining Company and another and against Weston Dodson & Co. and another. On affidavits of defense raising questions of law.
1Opinion of the Court
THOMPSON, District Judge.
These cases were argued together, and, as the defenses raised in No. .8914 are included within those raised ‘ in No. 8922, they will be considered together. The plaintiff’s claim’ in each case is for the recovery of demurrage charges upon cars con-’ taining bituminous coal for transshipment by vessel at Norfolk and. Lambert’s Point, Va. The demurrage is alleged to be chargeable un-‘ der Tariff C. & C. No. 4056, I. C. C. No. 2826-B, a copy of which is attached to each statement of claim. Both defendants were, at the time of the accrual of the demurrage, members of the…
2Cases cited2 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Gimbel Bros. v. BarrettDistrict Court, E.D. Pennsylvania · 1914
3Cited by3 opinions
- Smokeless Fuel Co. v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1925
- Emmons Coal Mining Co. v. Norfolk & Western Railway Co.Supreme Court of the United States · 1927
- Eastern Coal & Export Corp. v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1927