Central Illinois Public Service Company v. Interstate Commerce Commission and United States of America

The majority opinion results, not in upholding reasonable compensation to ConRail for demurrage for the detention of its cars, but instead results in the imposition of a substantial penalty even though unfavorable weather, creating conditions beyond the control of CIPS, prevented the unloading of the cars. I think the result reached is not legally correct on the facts of this case and I therefore respectfully dissent.

Initially, I note that it is virtually horn-book law that the right to a penalty must be clear under the law in order to exact a penalty in a civil case, Anuchick v.…