Hammond Lead Products, Inc. v. Norfolk & Western Railway Co.

ON PETITION FOR REHEARING

Norfolk and Western Railway Company (Carrier) requests that we reconsider our ruling in this cause and that we give a statement in writing on the questions pertaining to Carrier's counterclaim. Originally, Hammond Lead Products, Inc. (Shipper) had filed an action for damages resulting from Carrier's failure to deliver a load of litharge while Carrier counterclaimed for damages to its railroad car. After a bench trial, the trial court found for the Carrier and against the Shipper on both the complaint and the counterclaim. On appeal, we reversed both judgments because…