Consolidated Rail Corp. v. Commonwealth Fruit & Produce

The plaintiff, a railroad, sued the defendant for certain charges incurred in the transportation and delivery of freight to the defendant. The complaint contained eight counts, each based on an account annexed, stating a waybill number and date, a rail car number and the amount claimed to be due.

The defendant’s answer was that it was not indebted to plaintiff, that the charges were purported to be for demurrage charges, and that the defendant had always picked up its cars upon notice of arrival. Defendant further answered that if the cars were not picked up upon arrival it was due to lack of…