Norton Iron Works v. Standard Slag Co.

MOORMAN, Circuit Judge.

The Norton Iron Works is engaged in the manufacture of iron. A by-product is slag. The Standard Slag Company contracted for all the slag to be produced at the iron works plant from June 27,1919, until December 31,1921. The slag is drawn in liquid form from the iroü ore, and in this case was caused to run from the furnace through a semicircular trough to a pit, where it was stored. Some of it, because it solidifies rapidly after leaving the furnace, would adhere to the trough during the flow. It was necessary to employ workmen to remove this slag and keep the trough…