D. L. & W. Railroad v. Ludwig

Opinion by

Porter, P. J.,

This is an action to recover the lawful freight and demurrage charges on an interstate shipment of coal. The defendant filed an affidavit, in lieu of demurrer, raising questions of law as to the sufficiency of the averment contained in the statement of claim. The court, after argument, held the statement of plaintiff to aver a good cause of action, overruled the demurrer and made an order allowing the defendant fifteen days within which to file an affidavit of defense. The defendant failed to file any affidavit of defense to the merits, and, after the lapse of three…