City of New Orleans ex rel. Public Belt Railroad Commission v. Hansen & Tidemann, Inc.

BOYLE, District Judge:

Plaintiff, New Orleans Public Belt Railroad, sued defendants, various steamship lines, for demurrage accruing on railroad cars which had been placed on plaintiff’s line. On a record stipulated to be comprised of a stipulation of facts, exhibits attached to the complaints and amended complaints, and the depositions and affidavits of A. J. Rafferty and John T. Hunter, there have been presented for adjudication two issues:1 (1) plaintiff’s right to demur-rage under provisions of the average agreement between plaintiff and defendants and (2) plaintiff’s right to demur-rage…