United States Supreme Court Cases & Opinions

U.S. Supreme Court

Berwind-White Coal Mining Co. v. Chicago & Erie R. Co., 235 U.S. 371 (1914)

Berwind-White Coal Mining Company v.

Chicago & Erie Railroad Company

No. 92

Argued December 3, 1914

Decided December 14, 1914

235 U.S. 371

Syllabus

Filing with the Interstate Commerce Commission the book of rules as to demurrage of the Car Service Association, of which the railroad is a member, with a statement as to what its rates will be, held, in this case, to be a compliance with the provisions of the Act to Regulate Commerce requiring filing of tariff sheets, no objection having been taken as to form, and it appearing that the documents were adequate to give notice and that there was proof of posting.

Although cars billed for reconsignment may not have actually reached the point named as destination, demurrage may attach for the time held after reaching the point convenient to the belt line for transfer where, under usual practice for many years, cars so billed were held for reconsignment.

171 Ill.App. 302 affirmed.

The facts, which involve questions of filing tariff sheets under the Act to Regulate Commerce and the right of the railroad company to collect demurrage, are stated in the opinion.

Page 235 U. S. 374