New Orleans & Northeastern Railroad v. George

Citations

• 82 Miss. 710

Syllabus

<p>1. Railroads. Carriers of freight. Rules. Demurrage.</p> <p>A. railroad can maike and enforce rules imposing reasonable demurrage charges on consignees for delay in unloading cars.</p> <p>2. Same. Lien for demurrage. , Code 1892, ? 2108.</p> <p>Code 1892, § 2108, giving a carrier a lien for freight and storage, with power to sell therefor, applies to demurrage for delay in unloading cars.</p> <p>3. Same. Notice.</p> <p>Formal notice is unnecessary to make a consignee liable for demurrage charges, if he knows of the arrival of the cars for him.</p> <p>4. Same. Primate sidings. Delivery, when full. Pa/rtnership sidings.</p> <p>Under demurrage rules providing that the delivery of cars consigned to a siding used exclusively by individuals located thereon shall be considered as effected when, if the siding be full, the road offering the cars would have made delivery had the siding permitted, delivery will commence, though the cars filling the siding are for another consignee, having equal right to use the siding.</p> <p>5. Same. Demurrage on certain freight. Not on all.</p> <p>A demurrage rule prohibiting discrimination between persons, and providing, if car service be collected from one person, it must be from all who are liable, does not prevent demurrage being collected for cars loaded with certain kinds of freight, though it is not charged where they are loaded with other kinds.</p> <p>6. Same. Several cars. Demurrage enforced on one for all.</p> <p>Where demurrage is due on several cars constituting a shipment, the charge for each car need not be enforced against its contents separately, but enough may be retained to satisfy the charge against all.</p>