Southern Pacific Co. v. Hyman-Michaels Co.

The plaintiff, Southern Pacific Company, sued to recover demurrage charges claimed to be due on 365 freight cars containing scrap iron purchased by defendant from plaintiff for overseas shipment. The cause was tried by a jury, and it returned a verdict in favor of the defendant, Plaintiff appeals from the judgment entered upon *759the verdict and from the order denying its motion for judgment notwithstanding the verdict.

The main grounds urged for reversal are that there was no contested issue of fact to be submitted to the determination of the jury; that the evidence established as a matter of…