131 Iowa 10 | Iowa | 1906
The appellant is a milling corporation operating a gristmill' which is located on a private track some 700 feet from the appellee’s main line. This private track was built by the owners of the mill and is under the exclusive control- of said owners or the operators of the mill. It has, at all times, been used by the appellee and other roads for switching cars to and from the mill as the necessities of the appellant’s business required and under its direction. For a number of years before the institution of this suit, the Western Car Service Association established certain rules governing the detention of cars by shippers, and providing a charge of $1 per car for each 24 hours of detention by the shipper after 48 hours free detention, and further providing for the collection of said charges, and that no switching would be done on private tracks when the charges were refused. The rules also provided that in such case cars would be placed on the public or team track for loading or unloading. On December 2, 1903, the appellant was in arrears for detention charges, on cars held by it, with all the railroads using the private track, and on that date the manager of the Car Service Association wrote appellant calling its attention to the charge, and stating that unless they were adjusted on or before December 5th cars consigned to the Mystic Milling Company would he placed on the public delivery tracks. No adjustment of the matter was made,
The judgment was right, and it is affirmed.