Chicago & Alton Railroad v. State, 3 Ill. Ct. Cl. 15 (1916)

Dec. 11, 1916 · Illinois Court of Claims

3 Ill. Ct. Cl. 15

The Chicago and Alton Railroad Company v. State of Illinois.

Opinion filed December 11, 1916.

Demurrage — railroad companies may charge. In this claim the State concedes the right of claimant to recover demurrage charges. The Court follows the holding in The Chicago and Alton Railway Company v. State of Illinois, 2 Court of Claims Reports, 249.

Winston, Payne, Straw and Shaw, for Claimant.

P. J. Lucey, Attorney General, for State.

Claimant filed a claim for two thousand seven hundred ninetyfive and 00/100 ($2,795.00) dollars, but on a hearing it was agreed between claimant and the attorneys for the State, that the amount due claimant was one thousand five hundred five and 00/100 ($1,505.00) dollars.

The State admits that claimant is entitled to an award for the latter amount. There is no controversy as to claimant’s right to recover in this case; the identical question having been passed upon by this Court in re:

The Chicago and Alton Railway Company v. State of Illinois, 2 Ct. of Cl. R. 249.

It is the judgment of the Court that claimant is entitled to an award amounting to one thousand five hundred five and 00/100 ($1,-505.00) dollars.