Granger v. Davis

MACK, Circuit Judge.

This action was brought by James C. Davis, Director General, as Agent operating the Pittsburgh, Cincinnati, Chicago & St. Louis Railroad Company, hereinafter designated as plaintiff, for certain demurrage charges accruing in January, February, April, and May, 1919, on cars of hay consigned to plaintiffs in error, hereinafter designated as defendants, under the uniform demurrage tariff, I. C. C. P. 1172. This tariff, duly filed, was applicable to both interstate and intrastate traffic. Judge PECK, to whom the ease was submitted with waiver of jury, sustained the demurrage…