Tank Lining Corp. v. Missouri Pacific Railroad

CARVER, Justice.

Tank Lining Corporation was sued by the Missouri Pacific Railroad Company for unpaid storage charges arising on 188 cars that the railroad was unable to “spot” on Tank Lining’s private tracks, which were temporarily full and had to be retained by the railroad on its own track. Tank Lining had previously been billed for similar charges on 48 cars which it had paid under protest. Tank Lining denied the railroad’s claim and filed a cross-claim to get back the charges paid under protest. The trial court granted the railroad’s claim and denied Tank Lining’s cross-claim. We hold…