Horton v. Tonopah & Goldfield R.

Citations

• 225 F. 406
• 1914 U.S. Dist. LEXIS 1265

Syllabus

<p>1. Carriers <§=>197—Conversion by Carrier—Unclaimed Freight,</p> <p>Where the carrier has sold lumber shipped for freight and demurrage charges, after due notice and demand, and in strict compliance with the statute relating to the sale of unclaimed freight, there is no conversion.</p> <p>[Ed. Note.—For other cases, see Carriers, Cent. Dig. §§ 891-900; Dec. Dig. <§=>197.]</p> <p>2. Carriers <§=>100'—Carriage oe Freight—Demurrage.</p> <p>Where the rules of a car service association, regularly filed with the .Interstate Commerce Commission, prohibited agents from storing ear load freight in warehouses or on ground belonging to the railroad company without adding car service charges, the same as if the freight had been left in the car, the carrier’s right to collect demurrage does not end when the shipment is unloaded, so that the car may be released for service, the rule being obligatory upon the carrier, and violations thereof constituting unlawful discriminations.</p> <p>[Ed. Note.—For other cases, see Carriers, Cent. Dig. §§,,427-433; Dec. Dig. <§=>100.]</p> <p>3..Carriers <§=>197—Carriage oe Freight—Sale oe Freight eor Charges.</p> <p>Under Rev. Laws Nev. § 541, providing that uncalled for freight may be sold for charges, upon notice, in an action by the shipper for conver- ' sion of a shipment of lumber which had been sold to pay freight and demurrage, the burden was on the carrier to show that the sale was regularly conducted.</p> <p>[Ed. Note.—For other cases, see Carriers, Cent. Dig. §§ 891-900; Dec. Dig. <§=>197.].</p> <p>4. Carriers <§=>197—Conversion by Carrier—Sale oe Unclaimed Freight.</p> <p>Whore a carrier sold certain car load lots of lumber, title to which was in plaintiff as consignor, but .which consignee had refused to accept, for freight and demurrage charges, in one parcel, together with shipments belonging to others, to a purchaser who secretly acted as agent for the carrier, which was the réal purchaser, it was a conversion of the lumber.</p