Chicago & North Western Railway Co. v. Afram Bros.

The defendant is a dealer in scrap metal with its yard in Milwaukee, Wisconsin. Much of the scrap metal it receives is shipped by the plaintiff’s facilities.

Pursuant to an average agreement between the plaintiff and the defendant and the applicable tariff laws, the plaintiff was authorized to charge the defendant a demur-rage tariff if the defendant detained a car in excess of certain time limits. Under the domestic tariff, the demur-rage would begin to accrue if the car was not released by the defendant within forty-eight hours of 7 a.m. the day following either actual or constructive…