Baltimore & Ohio R. R. v. L. B. Foster Co.

Opinion by

Keller, J.,

The plaintiff brought this action in the County Court of Allegheny County for the demurrage charges on two carloads of steel rails, consigned by the defendant to itself at Hartland, West Virginia, which had been delivered to one French pursuant to instructions received from the defendant after the cars had been lying at the point of destination nearly two months.

The action was defended against on the ground that the plaintiff had made a misdelivery, by turning the cars over to French without requiring him to prepay the demurrage, in accordance with defendant’s…