Legal Opinion

Chicago & Erie Railroad v. Berwind-White Coal Mining Co.

Appellate Court of Illinois

Decided June 4, 1912No. Gen. No. 16,955PublishedCited by 3 opinions

Appeal from the Municipal Court of Chicago; the Hon. Stephen A. Fostbb, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1910. Certiorari denied by Supreme Court (making opinion final).

1Opinion of the Court

Mr. Justice F. A. Smith

delivered the opinion of the court.

This action was brought by the Chicago & Erie Railroad Company, appellee, in the Municipal Court of Chicago against the Berwind-White Coal Mining Company, appellant, to recover demurrage or car service charges on 148 carloads of coal, the charges accruing while the cars were being held in appellee’s yards at Hammond, Indiana, awaiting consigning orders.

The cars in question were shipped by appellant from Berwind, West Virginia, consigned to itself flat at Chicago. The shipments cover a period from May 10, 1906, to December 7, 1906.…

2Cases cited4 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. Texas & Pacific Railway Co. v. Cisco Oil MillSupreme Court of the United States · 1907
  3. Schumacher v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1904
  4. Woolner Distilling Co. v. Peoria & Eastern Railway Co.Appellate Court of Illinois · 1907

3Cited by3 opinions

  1. Berwind-White Coal Mining Co. v. Chicago & Erie RailroadSupreme Court of the United States · 1914
  2. Western Oil & Fuel Co. v. Great Lakes Pipe Line Co.Court of Appeals for the Eighth Circuit · 1954
  3. Lyman Perin & Co. v. Pennsylvania RailroadOhio Court of Appeals · 1934

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