Penna. R. R. v. Kittanning Iron & Steel Manufacturing Co.

Citations

• 263 Pa. 205
• 106 A. 207
• 1919 Pa. LEXIS 399

Syllabus

<p>Railroads —■ Demurrage charges —■ Liability for — Effect of inability of carrier to remove cars — Shipment frozen during transit.</p> <p>1. The mere fact that a carrier was unable to remove its cars on account of its tracks being flooded to such an extent as to entirely suspend its operations for a few days, does not absolve a shipper from liability for demurrage charges during that time on account of cars located on tracks that were not flooded and to which he had access.</p> <p>2. Under the rule providing that no demurrage shall he collected when shipments are frozen while in transit so as to prevent unloading during a prescribed free time, provided the consignee makes a diligent effort to unload such shipments, a consignee incurs no liability for failure to unload a shipment of ten cars during the free time where it appears that it was the frozen condition of the shipments and not the number of cars that caused the delay.</p>