(Filed 6 November, 1907).
Civil 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 the Superior Court of Chatham County.
Erom the judgment rendered the defendant appealed.
Day, Bell & Allen and Womaclc, Hayes & Bynum for defendant.
Plaintiff not represented in this Court.
*400BbowN, J.
Tbe record discloses that tbe order for tbe car is dated 8 December, 1906, and requires that tbe empty car be furnished by 10 December, 1906. Eor tbe reasons given in McDuffie v. Railway, at tbis term, tbe plaintiff is not entitled to recover, and defendant’s motion should have been granted. Let tbe action be dismissed.
Reversed.