Davis v. Kehota Mining Co.

Opinion by

Keller, J.,

This is an action of assumpsit brought by the Director Ceneral of Railroads against Kehota Mining Company to recover the unpaid freight charges on six carloads of coal shipped from Bairdjs Mine, New Straitsville, Ohio, over the Hocking Valley Railroad, consigned to the City of Cleveland, Division Street Pumping Station, Cleveland, Ohio. The plaintiff’s statement lavers — and it is not denied in the affidavit of defense, — that defendant, as consignor, gave plaintiff written shipping receipts for the aforesaid cars of coal containing shipping instructions to route the cars…