CALIFORNIA RAILROAD COMMISSION DECISIONS. DECISION No. 4223. JOHN E. TSARNAS NORTHWESTERN PACIFIC RAILROAD COMPANY. Case No. 1033. Decided April 3, 1917. Complainant petitions the commission to compel defendant railroad company to pay him, as reciprocal demurrage, the sum of $1,552.00 on delayed shipments of wood. 1. When a railroad company uses every available effort to secure all cars possible and distributes them ratably without discrimination among shippers along its lines, it can not be held responsible for failure to promptly furnish cars sufficient to satisfy all demands. 2. When a railroad company is facing a shortage of cars and furnishes shippers a style of car suitable for their needs, though it may not be the particular kind of equipment preferred by the shippers, the carrier can not be held responsible therefor. Charles Kasch, for Complainant. Stanley Moore, for Defendant. LOVELAND and DEVLIN, Commissioners. ΟΡΙΝΙΟΝ. Complainant is in the fuel wood business at Willits, California. By complaint filed January 5, 1917, he alleges that in conformity with section C of rule 13 of Pacific Car Demurrage Tariff No. 2-E C. R. C. No. 7, a reciprocal demurrage bond was executed and filed with defendant and that during the months of September, October and November, 1916, defendant failed to furnish cars for consignments of wood at various points on its line. We are asked to award reciprocal demurrage in the sum of $1,552.00 as reparation. Statement attached to and made part of the complaint shows that, due to the car shortage, consignments of wood were delayed, as follows: |