Acme Brick Co. v. Chicago, Rock Island & P.R. Co

HUTCHESON, Chief Judge.

Brought under Sections 1 to 8, Title 49 U.S.C.A. and under Art. 6360, Revised Civil Statutes of Texas, the suit was for $25,000.00 as damages for the failure and refusal of defendant to furnish car service to ‘plaintiff’s brick and brick parts plant at Bridgeport, Texas.

The claim was: that defendant was the only railroad operating a line through Bridgeport; that it had for many years op erated a spur track to, and for the use of, plaintiff’s plant, and had furnished car service thereto; that from and after October 4, 1948, to April 22, 1949, a period of more than six…