Local Grain Dealers Sue L&N and I.C. for Sum of $46,000 in Damages

A. Waller & Co., and Henderson Elevator Company are Plaintiffs
Delays Are Grounds
Upon Which Claims Are Based Injuries to Business to and from City
Biggest Suits Since Henderson City Railway Went into Litigation
Is Counter Claim

Suits for sums aggregating $46,000 were filed in the Henderson circuit court yesterday afternoon at 2 o'clock to which A. Waller & Co. and the Henderson Elevator Company are looking to recover that amount from the Louisville and Nashville and Louisville, Henderson and St. Louis railroad companies.

The big grain dealers claim that the railroad companies agree to furnish freight cars on demand for the shipment of grain from points in Indiana and Illinois to Henderson, and from the elevators in this city to other points within twenty days after the delivery of the freight on the switches here but failed to comply with the agreement.

The grain dealers allege that by reason of the failure of the railroad companies to supply the necessary freight cars on demand large quantities of grain was delayed in shipment and the business of the firms was damaged.

It is also charged that the alleged delay in furnishing the shipping facilities at the right time caused large quantities of grain to damage in the bins, and that shipments of grain failed to reach its destination, thereby causing additional loss to the plaintiffs. The petitioners claim that the tie-up of business brought about the greatest loss sued on.

In November 1907, the Louisville and Nashville and Illinois Central railroads sued the Henderson Elevator Co. and A. Waller & Co. for small sums on demurrage. Lockett & Worsham, regular council for the Illinois Central, represented both railroads, both suits being of the same nature. The big counter claims were filed yesterday by Dorsey & Stanley and Clay & Clay.

In the original suits each of the railroads filed separate suits against each of the defendants.

A. Waller & Co. is seeking to recover twenty-six thousand dollars, thirteen thousand from each of the railroad companies. The Henderson Elevator company is suing for twenty thousand dollars, ten thousand from each of the railroads.

The petitions contain no allegations of rate discrimination. Failure to comply with the terms of agreements to furnish cars is the only thing upon which the parties are entitled to recover the big sums sued for.

The Henderson Daily Gleaner
January 31, 1908

Reprinted with Permission

Contributed by Netta Mullin, HCH&GS
Copyright 2007 HCH&GS