Cincinnati, N. O. & T. P. Ry. Co. v. Fidelity & Deposit Co.

ROSS, District Judge.

The parties to this suit were plaintiff and defendant, respectively below, and shall be referred to in this opinion as such.

Prior to, on, and subsequent to, July 9, 1917, plaintiff, an Ohio corporation, was operating a line of railway known as the Cincinnati Southern Railway from Cincinnati, Ohio, to Chattanooga, Tenn., and on said date of July 9, entered into a contract with the Sheahan Construction Corporation for the building of a track 6s/10 miles in length between Helenwood and Robbins, in the state of Tennessee.

Defendant executed a bond in the sum of $20,000 on said…