Payne v. Monroe

1. The petition, even before amendment, did not fail to set forth a cause of action, and was therefore not subject to the general demurrer, since it does not appear that the demurrage charges, which it is alleged the defendant unlawfully collected, accrued by virtue of any contract of shipment, and since, under the rules of the railroad commission, fixing and prescribing a schedule of demurrage rates, it is also provided, as a prerequisite to such a charge, that the delivering carrier shall have given notice to the consignee of the arrival of the freight at the point of destination, and since…