Chicago and North Western Railway Co. v. Bradbury

This is an appeal from an order dismissing plaintiff's action for lack of diligence in its prosecution. The propriety of such order is the sole issue presented.

The action is for demurrage on a large number of cars of asphalt and diesel fuel shipped by defendant over plaintiff's railroad in the year 1950. The summons and complaint were served on December 12, 1951. Service of defendant's answer was admitted on May 28, 1953. Plaintiff attempted to have a pretrial conference in April 1952. Defendant requested a delay which was granted. The reason for the delay was that defendant was participating…