LOUISVILLE & NASHVILLE RAILROAD CO.
v.
MARIANNA LIME PRODUCTS CO.
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The Florida Supreme Court reversed a judgment, finding that the trial court improperly instructed the jury on demurrage rules that were not applicable to the facts presented. The case was remanded for proceedings based on the common counts of the declaration.
The trial court erred by instructing the jury on inapplicable demurrage rules. The proceedings should have focused on the common counts of the declaration.
“The rules on demurrage adopted by the State authority do not appear to cover demurrage for the particular facts as to loading and unloading cars shown in this case”
Establishes the inapplicability of the demurrage rules to the case facts.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff sued to recover demurrage charges for railroad cars that were loaded, held, and then unloaded by the defendant. The applicable state dem…
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This writ of error was taken to a judgment for the' defendant in an action to¡ recover on demur-rage charges for cars of the plaintiff which were loaded, held a number of days and then unloaded by the defendant. The rules on demurrage adopted by the State authority do not appear to cover demurrage for the particular facts as to loading and unloading cars shown in this case; but there were common counts in the amended declaration to which pleas were filed. The charges of the court contained statements of law that had reference to issues on counts, of the declaration respecting claims of the plaintiff under demur-rage rules which rules do not appear applicable to the facts shown.
The trial proceedings should have been upon the issues under the common counts of the declaration, without confusing proceedings on inappropriate counts.
Reversed for appropriate proceedings.
*328Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.