Chesapeake & Ohio Railway Co. v. Southern Coal, Coke & Mining Co.

This is a suit in assumpsit brought by the Chesapeake and Ohio Railway Company, an interstate carrier, and hereinafter called the plaintiff, against the Southern Coal, Coke & Mining Company, a corporation, hereinafter called the defendant.

The case is based on a claim for freight charges on thirteen carloads of coal transported by the plaintiff from different coal companies located in West Virginia to the defendant at Chicago, Illinois, in the fall of the year 1923. To plaintiff’s declaration defendant filed a plea of general issue and a jury was waived and the cause tried before the court on…