Main Island Creek Coal Co. v. Chesapeake & O. Ry. Co.

DENISON, Circuit Judge.

The railway company maintains extensive yards at Russell, Ky. The coal bound north or west from the coal company’s mines all passes through Russell. During the governmental administration of the railroads and for a period afterward there was a great shortage of cars at the mines. All parties concerned adopted a practice by which the cars, as soon as loaded, were shipped from the mines to Russell without formal billing, but only on cards or tickets. There they were weighed, the railroad company was supplied with the name of the consignee, and they were shipped out on a…