Williston Coal & Ice Co. v. Davis

Statement.

BkoNsoN, J.

Tbe defendant bas appealed from an order overruling a demurrer to tbe complaint.

In substance tbe complaint alleges: Tbe plaintiff is a corporation engaged in tbe mining and disposition of lignite coal near Williston in tbis state. Between January 25tb, 1919, and March 1st, 1920, tbe plaintiff shipped 308 carloads of lignite coal over tbe great Northern Bailroad, a carrier then under Federal control, from Williston to various points in tbis state. Prior to such shipments tbe plaintiff requested *192tbe carrier to furnish necessary, proper, and sufficient cooperage for the…