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· 3/2/1918

Norfolk & Western Ry. Co. v. Swift & Co.

Citations

  • 69 Pa. Super. 132
  • 1918 Pa. Super. LEXIS 31

Syllabus

<p>Railroads — Demurrage—Notice of arrival of cars.</p> <p>Where a railroad company’s demurrage rule requires written notice to the consignee of the arrival of freight cars, and if the cars are not placed on a public delivery track within twenty-four hours after notice of their arrival has been sent out, a notice of their placement shall be given to a consignee, written notice of the arrival or placement of cars, is a condition precedent to the right of the railroad company to recover for demurrage; and this is the case where the cars have been placed on a side track, which is a part of the company’s railway system, although the side tracks in question are used exclusively for the business of the defendant.</p>

Judges: Head, Henderson, Kephart, Orlady, Porter, Trexler, Williams

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