Not what you're
looking for? Try an advanced search.
Buy This Entire Record For
CHICAGO & N.W. TRANSP. CO. v. SOO LINE RAILROAD CO.
February 5, 1974
CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, A CORPORATION, PLAINTIFF,
SOO LINE RAILROAD COMPANY, A CORPORATION, DEFENDANT.
The opinion of the court was delivered by: Marshall, District Judge.
This matter is before the court on plaintiff's motion for
summary judgment pursuant to Rule 56 of the Federal Rules of
Civil Procedure and defendant's cross-motions pursuant to
Rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure,
for a dismissal of plaintiff's complaint for failure to state
a claim upon which relief can be granted or in the alternative
for summary judgment. Jurisdiction is founded on 28 U.S.C. § 1331(a)
and 1337. For the reasons hereinafter stated,
plaintiff's motion is Granted and defendant's motions are
Plaintiff Chicago and North Western Transportation Company
(hereafter "North Western") seeks to recover $10,756.64 from
defendant Soo Line Railroad Company (hereafter "Soo") as the
total costs North Western incurred in re-icing 560
refrigerator cars delivered to it by the Soo.
North Western's Wood Street Terminal operates as a receiving
and distribution point for carloads of perishable produce
moving to Chicago on common carriers by rail. In this capacity
North Western operates as a switching carrier. It receives no
portion of the through line-haul freight charges collected
from the shipper.
Common carriers by rail are obligated by their tariffs to
provide protection against heat and cold to shipments of
perishables in refrigerator cars. This obligation extends
throughout the period when a perishable shipment is under the
control of a rail carrier. Consequently, the North Western is
obligated to provide protective services to shipments of
perishables while they are under its control at the Wood
In return for providing this protective service, the
originating carrier is paid a standard refrigeration service
charge by the shipper. The charge is set forth in National
Perishable Freight Committee Perishable Protective Tariff 18,
I.C.C. No. 37, published and on file with the Interstate
Commerce Commission, pursuant to 49 U.S.C. § 6(1) and covers
the shipper's obligation to pay for protective services given
between the points of origin and final destination.
The rights and obligations of rail carriers between each
other with respect to through shipments moving over more than
one carrier are covered by division agreements among the
carriers. These division agreements include National
Perishable Freight Committee Division Sheet 7 (hereafter
"Division Sheet 7") and National Perishable Freight Committee
Circular 20-F (hereafter "Circular 20-F") to which North
Western and Soo are parties. Switching carriers are paid for
re-icing services performed on their lines pursuant to
Division Sheet 7. Item 124 of Division Sheet 7, applicable to
re-icings performed at stations in Illinois, provides that in
the case of the immediate re-icings of cars upon delivery, the
originating carrier pays the switching carrier from the
standard refrigeration rate paid to it by the shipper.
Rule 235 of Circular 20-F and Rules 225(B) and (D) of
Perishable Protective Tariff 18 in part provides:
Rule 235 of Circular 20-F, Part 2 —
"Applicable only for account of the Chicago and
North Western Railway Company . . . unless
otherwise provided by tariff, billing, local
agreement, established practice or special
instructions, cars under refrigeration should be
re-iced to capacity before delivery to
connections, or agent of delivering line should
arrange for immediate re-icing by connection, if
any icing facilities are maintained at such
interchange or receiving line."
Rules 225(b) and (D) of Perishable Protective
Tariff 18 —
"After arrival of car in the terminal train yard
serving destination, and up to time car is in
process of unloading on team track, or until
private lock or seal has been applied, or until
placed on private track, ...
Buy This Entire Record For