The Barre daily times. (Barre, Vt.) 1897-1959, 1913-01-13
And Railroad Must Provide
One for Unloading Heavy
Shipments
OR CEASE TO CHARGE
DEMURRAGE RATES
Important Decision on Barre
Case by Interstate Com
merce Commission

An interstate commerce commission
| decision OF direct interest 10 Barre ship
pers of granite, both because the ship
ment in question was made from Barre
! and because the decision is likely To
| facilitate future shipments, has lust
| been handed down in the case of Beuisch
Brothers VS.. Long Island Railroad COM
| pany, by which it is held that railroad
companies must provide adequate der
rick equipment for unloading shipments
or be prevented from collecting demur.
rage and ear storage charges from the
consignee until such time ms the cars
are placed where they can be unloaded.
In this case Benisch Brothers received
a carload OF granite, which was shipped
from Barre to East New York in July,
1910, the blocks weighing several tons.
The railroad had a hand power derrick
at the point OF consignment its Atkins
yard; but it was brought out in the
hearing that the demand for the use OF
the derrick by shippers was so great
that it was impossible to unload all
cars of heavy freight within 4s hours
OF their arrival. and demurrage and
track storage charges were assessed
against those that must wait beyond
that period. Such was the case with
Benisch Brothers, and they were asses
sed y for demurrage and 50 for tract.
storage, because the car was not unload
ed in the free time and in fact the ear
was not placed near the derrick so that
it could be unloaded until after the free
time. In other words, the ear arrived
at the Atkins station on July p and
was not unoaded until July 20 the
derrick being in use by other shippers
The interstate commerce commission
holds that it was clearly shown that
the one hand power derrick was not
sufficient for the business At The Atkins
yard and that this caused. the delay
which resulted in the assessment OF the
demurage complained of. The railroad
had asserted that derrick is a ''luN-
ury" to be supplied or withheld at
particular point at the viii Of the car
rier and that if derrick is furnished
1T a station receivers of freight must
AXE their chances on being able to ulf-
Dad heavy shipments with its aid dur
ng the free time and that no add ton
Il free time for cars delayed hy made
luacy Of this character OF equipment
hould be granted
That a derrick is NOT luxury is the
hiding Of the interstate commerce com
mission, but it adds that even If the
Ierrick were a luxury q receiver of
hipments cannot be penalized for not
sing it when the railroad and other
ecevers make it impossible for him 10
Sc IT,
Therefore, the commission holds: at
our conclusion that the car in ques-
ion was not placed for unloading un-
j it was placed adjacent TO the der
ck and that the assessment Of de-
lurrage and track storage charges prior
, such placement was unjust and nm
sasonable Defendant will be REQUIRED
cease and desist from assessing
larges upon shipments Of stone Of the
laracter herein involved until tie free
me has expired after the placement
said shipments adjacent to The der
elk provided for unloading such ship.
ents. 1t may be that the free time
lowed after the car is placed at the
'rrick ought to be shorter than that
dinarily allowed for unloading. The
eilities are limited and full efficiency
ould be secured therefrom.
I'VE further find that complainants
id the demurrage and track storage
argos in accordance with the forego-
q statement OF facts and have been
maged to the extent Of the charges
collected for one day, and are there
re entitled to an award of repara-
IN in the sum of -, with interest
ereon from the 10th day OF August,
10. An order will he issued in ac-
rdauce with these findings