The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-12

N c.. and will only make delivery to
YOU on the public team tracks of this
company in the yards at Greensboro, N.
lC. This action is made necessary by rea-
son of your refusal to comply with car
service regulations, declining to pay rea-
sonable charges for the use of cars that
| have been detained before unloading on
your private track above referred to and
| that we find it necessary Tor the pro-
lection of our equipment to tender you
further deliveries upon tracks where cars
may be under our immediate supervision
and control"
There was at that time, to-wit the
18th of October, 1903, and Is still pend
ing, controversy between Greensboro
lice and Coal Company and Southern
! Railway about certain demurrage charges.
The Southern Railway claimed that
the Greensboro Ice and Coal Company
owed them S146 demurrage on thirteen
cars of coal and wood. Greensboro Ice
and Coal ompany >denied that they owed
this or any other sum to the Southern
Railway on account of demurrage. The
| facts In regard to this charge are as
! follows: For some years there had been
side track constructed jointly by the
Greensboro Ice and Coal Company and
formers coal and wood yard at Green's
boro. The Greensboro Ice and Coal Com
pany handles over 200 carloads of coal
per annum; and to expedite the de-
| livery and furnish proper facilities for
delivery of COAL the Southern Railway
Company agreed that the rails be removed
from the end of the portion of this side
track within the coal and wood yards,
and that coal bins might be constructed
under the track and the track elevated
and placed upon a trestie. This work
was begun September Sth, 1908, and finish
ed October list, 1903. Greensboro Ice and
Coal Company furnished most of the ma
terial other than the rails and did all
OF the work except laying and placing
the rails.
While the above repair was in progress,
fourteen cars of freight, consisting of
wood and coal, consigned to Greensboro
Ice and Coal Company, were transported
to Greensboro by the Southern Railway.
Only one of these cars was ever placed
at an accessible point for unloading, and
this one was unloaded promptly Green's
boro Ice and Coal Company designated a
side track nearest to their coal and wood
yard, being part of the side track leading
into said yard. but outside of their en-
closure, as the place at which they de-
sired the cars placed for unloading.
Southern Railway did not place these
| thirteen cars as requested nor at any
other accessible point during that period.
! The cars could have been placed on the
! track designated Cars for other per-
sons were placed on this track during this
period
The repair on the side track above men
toned was finished October LIST, and nine
of the thirteen cars above mentioned were
placed on it by the Southern Railway and
emptied and returned by the Greensboro
Ice and Coal Company within twenty
four hours thereafter. The remaining
| four cars were not placed on this side
track for about five days. but each one of
them was unloaded within three or four
hours after they were SO placed and re-
turned to the Southern Railway.
| The freight charges on the fourteen cars
were paid, but Southern Railway claimed
s146 demurrage on thirteen of the four
teen cars, which charge the Greensboro
Ice and Coal Company refused to pay,
alleging that they were improper and
illegal.
We are of the opinion that no demur-
rage should be demanded, as the Southern
Railway did not place the cars at the
place designated by the shipper. We
recognize the right of the Southern Rail
way Company to refuse to deliver
freight until all proper chardges for
freight and demurrage are paid, but 1T
has no right to demand the payment of
improper demurrage charges on thirteen
cars already delivered as a condition
precedent to the delivery OF four cars OF
coal involved in the order in this case,
or to refuse to deliver the four cars on
the side track jointly built and owned by
the Greensboro Ice and Coal Company
and themselves, when they were requested
so to do.
1t is, therefore, ordered that the ex-
ceptions be and they are hereby over
ruled.
First exception is over-ruled-the rea
sons alleged for this exception having nc
existence, in fact. Greensboro Ice and
Coal Company did not owe the demur
rage claimed on five cars of coal and
eight cars of wood. Greensboro ice and
Coal Company did not promise to pay de
murrage claim or any part OF 1T. South
ern Railway was not induced to place
cars of coal and wood on the siding above
mentioned by reason of promise by the
. ICt anu COdI SOiupdHs W pay
the alleged demurrage charges. The
freight on the four cars embraced in the
order and all cars up to that time de
livered to the Greensboro Ice and Goa
Company had been paid, and Southern
Railway was not required TO extend any
credit or part with their legal lien upon
the four car loads of coal 1t appeared
that the freight had been paid and that
there was no valid charge for demurrage
Second exception is over-ruled. The
Greensboro Ice and Coal Company had
the right to haYe the four cars of Goa
placed on the side track built by them
selves aud the Southern Railway, and
they demanded that they be so placed.
Third exception is over-ruled.
"A"-The lien which Southern Railway
had for freight had been discharged by
payment thereof by Greensboro Ice and
Coal Company, and there was no demur
RACES or other valid charge against said
company.
"B"-The freight and all legal charge.
had been paid and therefore, Southern
Railway was not required to extend credit
| to Too nv