INDEX.

Supreme Court of Georgia.

October, 1892.

Harris vs. the C. R. R. & Banking Co. of Ga.

Subordinate agents of a railroad company have no
power to bind the railroad to suspend the general
rule to enforce demurrage charges.

Interstate Commerce Commission

October, 1900.

Penna. Millers' State Ass'n vs. The P. & R. Ry. Co. et. al.

Discrimination charged in the allowance of 48 hours
for sampling and selling grain at Philadelphia in
addition to 48 hours allowed for unloading, while
but 48 hours are allowed on similar commodities
at interior points in Pennsylvania. The Commis-
sion concludes that 48 hours net should be allowed
for unloading at all interior points.

Decision of the Quartermaster - General,
U. S. Army..

April, 1902.

War Department decides that it will comply with car
service rules as applied to the public.

Circuit Court, Grundy County, la..

February 10, 1903.

C. & N. W. Ry. vs. Townsend & Merrill Co.

Suit for car service charges - Consignee confessed

judgment.

1

3

36

39

Clark Quarterly Court, Winchester, Ky.

March 31, 1903.

E. H. Doyle vs. L. & N. R. R. Co.

Freight held for demurrage — Delivered under writ of
replevin-Court decided Consignee bound by terms
of bill of lading-Not competent to refer to other
cars received at same time and unloaded within
48 hours-Notice of arrival, payment of freight
charges, and placing of cars did not constitute a

new contract.

Supreme Court of Mississippi...

October, 1903.

N. O. & N. E. R. R. Co. vs. A. H. George & Co.

Suit in replevin-Cars delayed by congested private
siding Part delivered and part held subject to
lien for demurrage.

Court of Common Pleas, Summit County, Ohio

May, 1904.

The Thomas Phillips Co. vs. Erie R. R. Co.

Demurrer

Consignee detained cars on his private siding and refused to pay demurrage-Railroad refused to place cars on private siding, but placed them on public delivery track-Railroad held contents of one car delayed on public delivery track subject to lien for demurrage.

Circuit Court, Summit County, Ohio.

April, 1905.

The Thomas Phillips Co. vs. Erie R. R. Co

Appeal from Court of Common Pleas, as above.

40

43

59

64

Superior Court of Penn'a.--Eastern District........... 69
October, 1904.

B. & O. R. R. Co. vs. Gray's Ferry Abattoir Co.

Consignee denied notice of rules, that he never
agreed to be bound by them, and that they were
not necessary. Claimed not notified of arrival of
cars except by placing on private siding-Claimed
irregular delivery of weekly supply of coal.

Supreme Court of Mississippi.

November, 1904.

The Y. & M. V. R. R. Co. vs. C. J. Searles.

Railroad refused delivery on consignee's siding at his
warehouse-Consignee claimed actual and statutory
damages-Charged discrimination, and a trust or
combination in restraint of trade-Rules enforced
under Mississippi Railroad Commission.

Supreme Court of Alabama..

November, 1904.

So. Ry. Co. vs. Lockwood Mfg. Co.

Delivery upon team track for unloading does not de-
stroy lien of railroad for demurrage accrued after
such placing.

74

113

Decision of the Comptroller of the Treasury 117

November 25th, 1904.

Cars delayed in unloading by a third party - Comp-
troller decides that the Government should pay
the same demurrage charges as the public, recov-
ering in such cases, from the one at fault for delay.

Decision of United States Attorney General... 121
January, 1905.

Complaint of Coal Shippers' Association of Chicago
that the Chicago Car Service Association was a
combination in restraint of trade and commerce
contrary to the Sherman Anti-Trust Law.

Franklin, Ohio, Circuit Court (2nd)..

May 4th, 1905.

P. C. C. & St. L. Ry. Co. vs. H. L. Mooar Lumber Co.

Goods held by railroad subject to lien for demurrage
-Ordered to public warehouse Replevined by
consignee Lien for demurrage exists independ-
ently of stipulation in contract of shipment.

124

Court of Appeal, Parish of Orleans, Louisiana 128 May, 1905.

I. C. R R. & Y. M. V. R. R. vs. B. Gairard, et. al.

Defendent avers no notice of enforcement of car ser-
vice rules, and in absence of specific contract
covering demurrage charges none can be made—
R. R. asserted a lien on goods for car service
charges.

Interstate Commerce Commission.

August, 1905.

T. M. Kehoe & Co. vs. P. & R. Ry. et. al.

Shipments of hay refused by consignees, and car ser-
vice charges accrued pending disposition by shipper.
Shipper contends that demurrage charge should be
but 20 cents per day, as that is the rate of inter-
change between roads.

Supreme Judicial Court of Maine.

Fisher vs. Boston & Maine R. R. Co.

Extract from decision bearing upon duty of railroads
in case of shipments that cannot be delivered to
connecting carrier.

136

142

Extract from Federal Reports..

142

Bedford-Bowling Green Stone Co. vs. Oman.

Relation of railroads to private switches.

Press of

People's Printing Company

Dime Bank Building.

Scranton, Pa.