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CHICAGO, R. I. & P. R. CO. v. LINWOOD STONE PRODUCTS CO.

No. 51847.

138 N.W.2d 902 (1965)

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellee, v. LINWOOD STONE PRODUCTS COMPANY, Inc., Appellant. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Appellee, v. LINWOOD STONE PRODUCTS COMPANY, Inc., Appellant.

Supreme Court of Iowa.

December 14, 1965.

Attorney(s) appearing for the Case

McCarthy & Hart, Davenport, for appellant.

Gamble, Riepe, Martin & Webster and Duncan, Jones, Riley & Davis, Des Moines, and Cook, Blair, Balluff & Nagle, Davenport, for appellees.

GARFIELD, Chief Justice.

In these two consolidated law actions by the Rock Island and Milwaukee Railroads, respectively, to recover demurrage on cars furnished Linwood Stone Products Co., Inc., the answer contained a counterclaim based on the railroad's alleged failure to furnish clean cars. On plaintiffs' applications for adjudication of law points under rule 105, Rules of Civil Procedure, the trial court ruled it was...

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