Chicago, Rock Island & Pacific Railroad v. Linwood Stone Products Co.

In these two consolidated law actions by the Rock Island and Milwaukee Railroads respectively, to recover demurrage on cars furnished Linwood Stone Products Company, Inc., the answer contained a counterclaim based on the railroad’s alleged failure to furnish clean cars. On plaintiffs’ applications for adjudication of law points under rule 105, Rules of Civil Procedure, the trial court ruled it was without jurisdiction to entertain the counterclaims and dismissed them. Defendant has appealed.

Bach plaintiff filed a reply to the counterclaim against it although the Rock Island’s reply is…