Illinois Central R. v. Midwestern Grain Co.

MEMORANDUM, FINDINGS OF FACT AND CONCLUSIONS OF LAW; JUDGMENT FOR DEFENDANT ON PLAINTIFF’S CLAIM AND FOR PLAINTIFF ON DEFENDANT’S COUNTERCLAIM

BECKER, Chief Judge.

This action was tried by the Court, without a jury, upon the issues made by the complaint, answer, counterclaim and reply. Neither party demanded a jury trial.

In its complaint the plaintiff railroad Carrier (“ICRR” hereinafter) sought recovery of the balance of $10,616.58 on an account alleged to have been incurred by the defendant for freight, and track storage (sometimes erroneously designated as demurrage) charges at Destre-han…