Indiana Harbor Belt Railroad v. Budd Co.

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

Plaintiff appeals from a summary judgment entered in defendant’s favor in an action to collect accrued demurrage charges, and the sole issue is the propriety of the judgment.

Defendant, a manufacturer of stampings for the automobile industry, has maintained a plant in Gary, Indiana, since 1950. The plant is adjacent to the tracks of plaintiff and the Pennsylvania Railroad Company — both of which supply defendant with empty freight cars and remove the cars from the plant after they are loaded. The empty cars would be brought to…