Ellsworth Collieries Co. v. Pennsylvania Railroad

This is a motion by plaintiff for a compulsory reference, under section 1013 of the Code of Civil Procedure, on the ground that the trial of the action- will necessarily involve the examination of a long account and will not involve the decision of difficult questions of law.

The action is brought to recover the value of various *660quantities of coal shipped by the plaintiff at Ellsworth, Penn., to Buffalo, N. Y., in 3,678 freight cars over the defendants’ railroads on divers dates during a period of three and a half years, and claimed to have been lost in transit.

The only issue of fact to be…