New Orleans & Northeastern Railroad v. George
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. Guión Q. Hall, Judge. George, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. The action was replevin for certain freights consigned to appellee and upon which the railroad company contended certain demurrage charges had accrued, and which plaintiff had declined to pay.
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From the circuit court of Lauderdale county. Hon. Guión Q. Hall, Judge. George, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. The action was replevin for certain freights consigned to appellee and upon which the railroad company contended certain demurrage charges had accrued, and which plaintiff had declined to pay. The railroad claimed the demurrage under certain rules of the Alabama Oar Service Association, to which it belonged, and of the Mississippi Railroad Oommission. These rules were offered in evidence and are as follows: RULES Off…
1Opinion of the CourtTruly., J.
This suit involves the determination of the following quesr tions: First, are the rules for the collection of demurrage valid % and, second, if so, how are they to be enforced ?
Car service associations are formed by mutual agreement among the railroad companies operating in a stated territory. They owe their existence to the growth of the business interests of the country, the enormous increase in the bulk of through freight handled daily, and the consequent extension of the many railroad systems handling the same. With every increase in the volume of the freight brought into a section from…
2Cases cited8 opinions
- Miller & Co. v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1891
- Dixon v. Central of Georgia Railway Co.Supreme Court of Georgia · 1900
- Kentucky Wagon Manufacturing Co. v. Ohio & Mississippi Railway Co.Court of Appeals of Kentucky · 1895
- Norfolk & Western R. R. v. AdamsSupreme Court of Virginia · 1894
- Western Union Telegraph Co. v. AllenMississippi Supreme Court · 1889
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- United States Fidelity & Guaranty Co. v. Central of Georgia Ry. Co.Supreme Court of Alabama · 1933
- Gault Lumber Co. v. Atchison, T. & S. F. Ry. Co.Supreme Court of Oklahoma · 1913
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