Seaboard Air-Line Railway Co. v. Daugherty-McKey & Co.

(After stating the foregoing facts.) As will be seen from the above statement, the plaintiff has expressly -sued in tort, and we are not concerned with any question as to what might have been its rights under some other form of action. The ultimate question for determination is whether the petition shows any breach of duty owed by the defendant to the plaintiff, with resulting damage to the latter.

That the demurrage charges were illegal can not be reasonably controverted under the facts alleged. According to the averments, there was no delivery to the consignee at Hampton, nor any offer of…