Wholesale Coal Co. v. Chesapeake & Ohio Railway Co.

Hatcher, Judge:

This case is the sequel of the case of Wholesale Coal Company v. Price Hill Colliery Company reported in 98 W. Va. 438, to which reference may be had for a detailed statement of the facts. Suffice it to say here that the plaintiff as consignee of an interstate shipment of coal seeks now to recover of the carrier (instead of the shipper as in its case against the Colliery Company) its loss occasioned by a diversion of the coal and delivery to another by the carrier. (The coal was not converted to the carrier’s own use, as stated in the former case.) No notice of claim of loss…