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

GOODMAN, District Judge.

Between October 1944 and March 1946, defendant, operator of a gypsum plant at Empire, Nevada, approximately five miles from plaintiff railroad’s station at Gerlach, held, from time to time, empty railroad *16cars of plaintiff on its (defendant’s) tracks, awaiting loading. This action by plaintiff railroad is to recover unpaid demurrage charges. 28 U.S.C.A. § 1337, revised, 28 U.S.C.A. § 41(8).

The primary defense is that the cars, claimed to he subject to demurrage, were placed on defendant’s tracks as an accommodation to plaintiff pursuant to discussions and…