Baker v. Budd Co.

Plaintiff, Penn Central Transportation Company, by its trustees, brought this action to collect demurrage charges allegedly owed by defendant under certain tariff provisions. The trial court granted defendant’s motion for summary judgment, and plaintiff appeals.

In view of our disposition of this appeal, only a brief summary of the facts is required. Plaintiff had supplied defendant’s plant with empty railroad freight cars and removed them after they were loaded for approximately 30 years. When empty cars were delivered to the plant, they were placed on defendant’s tracks where they remained…