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BETSY ROSS FOODS, INC. v. AKRON, CANTON & YOUNGSTOWN RY. CO.

No. 11054.

13 Ohio App. 3d 145 (1983)

BETSY ROSS FOODS, INC., APPELLEE, v. AKRON, CANTON & YOUNGSTOWN RAILWAY CO., D.B.A. A. C. & Y. RAILROAD, APPELLANT.

Court of Appeals of Ohio, Summit County.

Decided November 2, 1983.

Attorney(s) appearing for the Case

Mr. Joseph F. Hutchinson, Jr., for appellee.

Mr. Ronald B. Lee, for appellant.

REECE, J.

Defendant-appellant, Akron, Canton & Youngstown Railroad Company (hereinafter "Railroad"), is a public rail carrier regulated by the Interstate Commerce Commission. Under I.C.C. regulations, the Railroad is subject to Freight Tariff PHJ-6004-L which sets the rules and charges for general railroad car demurrage.

"Demurrage charges" are assessments charged for railroad cars retained by a consignee for more than a prescribed period of time.

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