Opinion
(Filed 6 November, 1907.)
ACTION to recover a penalty, under Rule 9 of the Corporation Commission, for failure to furnish a car, tried before Webb, J., at August Term, 1907, of CHATHAM.
Day, Bell Allen and Womack, Hayes Bynum for defendant.
Plaintiff not represented in this Court.
From the judgment rendered, the defendant appealed.
The record discloses that the order for the car is (400) dated 8 December, 1906, and requires that the empty car be furnished by 10 December, 1906. For the reasons given in McDuffie v. Railway, ante, 397, the plaintiff is not entitled to recover, and defendant's motion should have been granted.
Action dismissed.