Sunderland Bros. v. Chicago, Burlington & Quincy Railroad

The effect of. the majority opinion is to leave the railroad companies free to impose demurrage charges upon the shipper for failing to unload cars seasonably, but to deprive him in many cases of any adequate remedy for the failure of the carriers to perform their duty with respect to the delivery of cars or freight. The act was passed to meet a long-felt defect in the law, and I feel *330satisfied it is not in conflict with, any provision of the Constitution if properly construed.

The constitutionality of reciprocal demurrage statutes has been assailed in a number of states, and they have…