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HOUSTON BELT & TERMINAL R. CO. v. CONNELL RICE & SUGAR CO.

No. 27094.

411 F.2d 1220 (1969)

HOUSTON BELT & TERMINAL RAILROAD COMPANY, Plaintiff-Appellee, v. CONNELL RICE & SUGAR CO., Inc., Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 27, 1969.

Attorney(s) appearing for the Case

Cornelius O. Ryan, Houston, Tex., Kelley, Ryan & Merrill, Houston, Tex., of counsel, for appellant.

Alton F. Curry, Houston, Tex., Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., of counsel, for appellee.

Before TUTTLE and GEWIN, Circuit Judges, and COMISKEY, District Judge.

TUTTLE, Circuit Judge:

Connell, a consignee of 78 railroad cars of rice, appeals from a judgment holding it liable for demurrage charges because of the delay in unloading the cars.

The problem here arose when Houston, a belt line, received the cars from other carriers and undertook to deliver them to the destination designated by Connell, but which delivery was frustrated. This destination was the dock side warehouse of Gulf Atlantic Warehouse Company. Stevedores...

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