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NORTH AMERICAN COAL CORPORATION v. WHEELING & L. E. RY. CO.

No. 5704.

49 F.2d 253 (1931)

NORTH AMERICAN COAL CORPORATION v. WHEELING & L. E. RY. CO.

Circuit Court of Appeals, Sixth Circuit.

April 15, 1931.

Attorney(s) appearing for the Case

H. H. Hoppe, of Cleveland, Ohio (Taplin & Fillius, of Cleveland, Ohio, on the brief), for appellant.

A. E. Powell, of Cleveland, Ohio (Squire, Sanders & Dempsey, of Cleveland, Ohio, on the brief), for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

HICKS, Circuit Judge.

Appellee sued to recover the sum of $2,101 as demurrage on 157 cars of coal. The solution of the controversy depends upon the proper application of certain demurrage rules published and filed by appellee with the Interstate Commerce Commission and the Public Utilities Commission of Ohio.1

The facts are undisputed. The coal was shipped for appellant's account over appellee's railway to Huron, Ohio. There it...

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