Joseph Rucker Lamar

“ There are a large number of coal mines in the Clearfield district, Tyrone division of the coal region, in the state of Pennsylvania. Between January 1, 1900, and December 31, 1905, the total output of the mines in the Clearfield district averaged 18,500 tons per day. When there was a car shortage, the Pennsylvania Railroad allotted to each mine a percentage of cars assigned to the district, calculated according to the capacity of the mine. ”

“ In some cases it was held that private cars and fuel cars of foreign railroads, consigned to particular mines should be counted in making the distribution. Others held that such cars should be counted, but that if the foreign cars, or those owned by the private corporations, exceeded their percentage, the excess might be retained by those coal companies. This view was adopted by the Commission, which also held that fuel cars belonging to the carrier should be counted except where the railroad purchased the entire output of the mine. ”

“ The plaintiff, however, seeks to take the case out of the principle of those decisions, insisting that this is a suit for damages occasioned by a violation of the rule; and that, therefore, without any order of the Commission, it is entitled to institute a suit for the recovery of damages resulting from the failure to distribute cars according to the method established by the railroad itself. ”