Coal & Coke Ry. Co. v. Buckhannon River Coal & Coke Co.
West Virginia Supreme Court
Error to Circuit Court, Upshur County. Action by the Coal & Coke Railway Company against the Buckhannon River Coal & Coke Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Williams, Judge:
This writ of error is to a judgment recovered against the Buckhannon River Coal '& Coke Company by the Coal & Coke Railway Company in an action of assumpsit for the freight on ten carloads of coal.
Defendant is a corporation engaged in mining coal and manufacturing coke. R. J. Humphreys, its general manager, sold the ten carloads of coal to Hite & Rafetto, of Fairmont, West Virginia, brokers, and, at their request, billed it to J. K. Dimmick & Co., Curtis Bay Piers, Maryland. The bills of lading contained the following ivritten words, “Freight Collect from J. K. Dimmick & Co.…
2Cases cited5 opinions
- Portland Flouring Mills Co. v. British & Foreign Marine Ins.Court of Appeals for the Ninth Circuit · 1904
- Ryan v. Great Northern Railway Co.Supreme Court of Minnesota · 1903
- Lewis v. Galena & Chicago Union RailroadIllinois Supreme Court · 1866
- Union Freight Railroad v. WinkleyMassachusetts Supreme Judicial Court · 1893
- Strahorn v. Union Stock Yard & Transit Co.Illinois Supreme Court · 1867
3Cited by17 opinions
- New York Central Railroad v. Warren Ross Lumber Co.New York Court of Appeals · 1922
- Maryland Casualty Co. v. Ohio River Gravel Co.Court of Appeals for the Fourth Circuit · 1927
- Cleveland C., C. & St. L. Ry. Co. v. Southern Coal & Coke Co.Tennessee Supreme Court · 1922
- Western Maryland Railway Co. v. CrossWest Virginia Supreme Court · 1924
- Chicago, Milwaukee & St. Paul Railway Co. v. GreenbergSupreme Court of Minnesota · 1918
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