Chicago & N. W. Ry. Co. v. Froehling Supply Co.

KERNER, Circuit Judge.

Plaintiff sued defendant to recover certain demurrage charges alleged to have accrued in connection with the detention by defendant of 173 carloads of merchandise delivered to defendant at Chicago, Illinois. The case was tried by the court without a jury. At the conclusion of plaintiff’s evidence, and without any evidence being offered by defendant, the court made special findings of fact and rendered a judgment for plaintiff.

The complaint alleged that plaintiff was engaged in the business of transporting goods in interstate commerce, and that it ■had transported for and…