Court of Appeals for the Fourth Circuit April 14, 1925, No. 2316 (Virginian Ry. Co. v. Lake & Export Coal Corp.)

ROSE, Circuit Judge.

Tbe parties occupied tbe same position below as they do bere; that is, tbe Virginian Railway Company, plaintiff in error, was tbe plaintiff, and tbe Lake & Export Coal Corporation, defendant in error, was tbe defendant. For brevity we will refer to them respectively as tbe railway and tbe shipper.