Atlantic Coast Line R. Co. v. Clinchfield Fuel Co.

WYCHE, Chief Judge.

This action was brought by the plaintiff to recover freight transportation charges on four separate shipments of coal originating at Virginia points and consigned by the defendant in May, 1949, to the Sumter Textile Mills at Sumter, South Carolina, via Clinchfield Railroad Company, two intermediate carriers and the plaintiff, the delivering carrier.

The material facts are substantially follows: No bills of lading were issued by the origin carrier covering any of the shipments; it was the general custom of the defendant and the initial carrier in shipping coal via its line at…