248 Pa. 333 | Pa. | 1915
Opinion by
Appellee brought assumpsit against appellant to recover the sum of two thousand one hundred seventy-six dollars and forty-four cents ($2,176.44) with interest from September 1, 1909, being a balance claimed to be due for transporting over the railroad of appellee cars received from appellant’s line. A judgment was entered in the court below against appellant for want of a sufficient affidavit of defense, and this appeal followed. The facts are as follows: For a long time prior to 1905 the Crane Iron Works, a corporation of this Commonwealth, organized for and engaged in the manufacture of iron at the Borough of Catasauqua, owned and used in connection with its iron works a private railroad which connected its various buildings and furnaces with each other, and also with the tracks of appellant company and other railroads. The construction of these tracks was commenced about forty years ago, and they have been extended from time to time as the business of the iron works increased, and new industries were established in that vicinity.
Pursuant to the terms of an agreement between appellant and the Crane Iron Works, which was entered into before the incorporation of appellee, the former paid to the latter the sum of six cents per ton on all cars hauled by the iron company to and from its works and other industrial establishments located along the line of the iron company’s tracks to the tracks of appellant. Appellee was incorporated July 28, 1905, under the general railroad laws of this State, and shortly thereafter, took over all the rolling stock and tracks of the Crane Iron Works, and has since in operating the same transported cars to and from the several industrial establishments and appellant’s main line.
Following its incorporation appellee'filed with the In
In view of what we have said above, it follows that the learned court below committed no eiTor in reaching the
Judgment affirmed.