Indiana Harbor Belt Railroad v. Budd Co.

PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

Plaintiff appeals a judgment against it in an action to collect additional demurrage charges 1 based upon a recomputation of the charges previously made.

Initially, it should be noted that because the facts have been set forth in a prior appeal in this matter, 2 they will be repeatéd only insofar as they are pertinent here. In this regard, it appears that since 1950, plaintiff has supplied empty railroad cars needed by defendant for the loading and transportation of its products. Cars assigned for defendant’s exclusive use were…