Pennsylvania R. Co. v. Kitanning Iron & Steel Mfg. Co., 253 U.S. 319 (1920)

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Pennsylvania Railroad Company v.

Kitanning Iron & Steel Manufacturing Company
No. 301

Argued March 26, 1920
Decided June 1, 1920
253 U.S. 319

CERTIORARI TO THE SUPREME COURT

OF THE STATE OF PENNSYLVANIA

Syllabus

The policy of the "Uniform Demurrage Code" is to treat the car as the unit and fix a standard of diligence in releasing cars independent of the circumstances of the particular consignee. P. 324.

The "Uniform Demurrage Code" fixes 48 hours as the "Free Time" during which a car may be held for unloading without demurrage charges, but provides (1) the "Bunching Rule," designed to relieve from charges due to the carrier’s act in delivering cars in number exceeding the daily rate of shipment, and (2) the "Average Agreement Rule," under which the "Bunching Rule" is inapplicable but charge for detaining cars more than 48 hours are reduced by credit given for other car released within 24 hours during the calendar month, and it further provides that demurrage shall not be collected "[w]hen shipments are frozen while in transit so as to prevent unloading during the prescribed free time," provided the consignees "make diligent effort to unload such shipments." Held that a consignee, party to the Average Agreement plan, which was prevented from unloading a number of carloads of frozen ore during the free time, due to their accumulation and delivery by the carrier in numbers exceeding its facilities for thawing and unloading, was not relieved from demurrage by the clause governing frozen shipments. P. 323.

263 Pa.St. 205 reversed.

The case is stated in the opinion.