Illinois Central Gulf Railroad v. Stevens Ready-Mix Concrete, Inc.

GREENE, Judge.

Plaintiff filed suit seeking recovery of demurrages which accrued on its railroad cars consigned to defendant. From judgment granting plaintiff the amount sued for, defendant appeals.

The record establishes that the demurrag-es sought by plaintiff accumulated on cars consigned to defendant from Novemher 24, 1973 to March 26, 1975. Defendant had' been receiving materials shipped in plaintiff’s cars for use in its business since it started operations in 1973. Actually, the *841principals operating defendant corporation did similar business with plaintiff from 1959 to 1965 under another…