St. Louis, I. M. & S. Ry. Co. v. National Refining Co.
District Court, N.D. Ohio
At: Raw. Action by the St. Louis, Iron Mountain & Southern Railway Company against the National Refining Company. Judgment for plaintiff.
1Opinion of the Court
KILLITS, District Judge.
[1] The court is of the opinion that demurrage was properly chargeable in each instance submitted to it for consideration. Going to the first cause of action, we cannot construe the contract, for switch track between the railway company and the defendant as having any other effect than to make the track for all intents and purposes the property of the railway company.
This is not only the result of section 6 of the contract, in which it is specifically provided that the title to the track, with all material entering into its construction and the roadbed and its…
2Cited by3 opinions
- Garden State Plaza Corp. v. SS Kresge Co.New Jersey Superior Court Appellate Division · 1963
- National Refining Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Sixth Circuit · 1916
- Pittsburgh, C., C. & St. L. Ry. Co. v. Freedom Oil WorksDistrict Court, W.D. Pennsylvania · 1918