Lyne v. Delaware, L. & W. R.

LANNING, District Judge.

The plaintiff seeks to recover from the defendant damages for alleged violations of the interstate commerce law (Act Feb. 4, 1887, c. 104, 24 Stat. 384 [U. S. Comp. St. 1901, p: 3154]). The declaration is demurred to. One of the causes of demurrer is that the declaration fails to'state a cause of action. The substantial averments of the declaration are that between November 15, 1901, and November 1, 1906, the defendant’s published rate of storage charges was $1 per car per day after the expiration of 48 hours allowed as “free time”; that during the period between…