Empire Box Corp. of Stroudsburg v. Delaware, L. & W. R.

L. HAND, Chief Judge.

This is an appeal from a judgment for the plaintiff in an action to recover charges paid to the railroad for the “constructive placement” upon its tracks of loaded freight cars at the plaintiff’s request. The facts are stated fully and accurately in the memorandum of the district court:

“Plaintiff’s paper mill at Stroudsburg, Pennsylvania, had its own private side track, with a capacity of 5 or 6 cars. Cars consigned to plaintiff were to be delivered at the side track, according to the side track agreement. Freight Tariffs No. 4-X and No. 4-Y govern this case. Under…