Sunderland Bros. v. Chicago, Burlington & Quincy Railroad

The following opinion on motion for rehearing was filed September 27, 1920. Rehearing denied.

Flansburg, J.

This matter now comes up on rehearing. Former opinion, Sunderland Bros. Co. v. Chicago, B. & Q. R. Co., ante, p. 319.

The action was brought by the plaintiff, who had shipped building material in carload lots over defendant’s railroad, and- is based upon sections 6159, 6160, 6162, Rev. St. 1913, known as the “Reciprocal Demurrage Act,” allowing recovery to the shipper of $1 per day, together with all actual damages sustained for each day’s delay, in shipment and delivery of goods by the…