Pacific Portland Cement Co. v. Western Pac. R. Co

ORR, Circuit Judge.

Appellee received judgments in the district court for demurrage charges alleged to have accrued on cars furnished appellant to make shipments of gypsum products. From 1924 through the two-year period covered by this suit, ending in December 1946, appellant operated a gypsum plant situate approximately five miles south of Gerlach, Nevada, a station on appellee’s main line between San Francisco, California, and Salt Lake City, Utah. The plant was connected with appellee’s tracks at Gerlach by a private railroad owned by appellant. Because the private tracks of appellant would…