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· 1/7/1907

Wallace v. Baltimore & Ohio Railroad

Citations

  • 216 Pa. 311
  • 65 A. 665
  • 1907 Pa. LEXIS 806

Syllabus

<p>Railroads — Demurrage—Seizure of cars — Equity—Jurisdiction—Remedy at law.</p> <p>A railroad company has no lien for demurrage upon property transported over its road.</p> <p>Where the case presented by a bill in equity filed against a railroad company, is not that of a common carrier refusing to perform its duty generally in the matter of the delivery of freight to the plaintiffs, resulting in irreparable injury to them in their business, but simply a refusal to deliver to them three particular cars loaded with freight belonging to them which the railroad company claimed the right to hold for demurrage charges, the plaintiff has an adequate remedy at law either in trespass or replevin and there is no jurisdiction in equity.</p>

Judges: Brown, Elkin, Fell, Mestrezat, Mitchell, Potter, Stewart

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