Dickerson v. Louisville & N. R.

Citations

• 187 F. 874
• 1910 U.S. App. LEXIS 5133

Syllabus

<p>1. Commerce (§ 87*) — Interstate Commerce Commission — Complaints fob Damages — Limitation.</p> <p>Under Interstate Commerce Act Eeb. 4, 1S87, c. 104, § 16, 24 Stat. 384 (U. S. Comp. St. 1901, p. 3165), as amended by Act June 29, 1906, c. 3591, I 5, 34 Star. 590 (U. S. Comp. St. Supp. 1909, p. 1159), wbicb provides that all complaints for damages shall be filed with the Interstate Commerce Commission within two years from the time the canso of action accrues, a letter to the commission setting out the facts and containing a substantial prayer for relief by way of damages is a sufficient complaint ; no formal pleadings being required by the act.</p> <p>[Ed. Note. — For other cases, see Commerce. Cent Dig. § 139; Dec. Dig. « 87.*]</p> <p>2. Commerce (8 87*) — Interstate Commerce Commission — Complaints for Da m ages — Dimitation .</p> <p>Interstate Commerce Act Feb. 4. 1887, c. 104, 8 16. 24 Slat. 384 (IT. S. Comp. St. 1901. p. 3365). as amended by Act .Tune 20, 1906, c. 3591, g 5, 3-1 Stat. 590 nr. S. Comp. St. Supp. 1909, p. 1159), provides that “all complaints for the recovery of damages shall be filed with the commission within two years from the time the cause of action accrues and not after: * * * Provided that claims accrued prior to the passage of this act may be presented within one year.” Held, that a claim which accrued prior to the passage of the act may be presented at any time within two years after the date of its accrual, although complaint is not filed until more than a year after the passage of the act.</p> <p>[Ed. Note. — For other cases, see Commerce, Cent. Dig. 8 139; Dec. Dig. 8 87.*]</p> <p>8. Carriers (§ 30*) — Interstate Transportation — Rates—Contracts in Violation of Statute.</p> <p>Where carriers have filed and published schedules of joint through rates, it is the right of a shipper to have his property transported upon the lines joining in such schedules and at the rates therein specified, and the carrier receiving it cannot avoid its o