Holloway v. Texas & Pacific Railway Co.

Citations

• 13 Tiess. 413

Syllabus

<p>Syllabus.</p> <p>Under Act 171 of 1908, unless suit is brought within three months after the rate became effective the Courts are without authority to entertain a demand by a shipper for damages based upon the observance by the carrier of a freight rate adopted by the Railroad Comission but alleged by the shipper to be excessive or illegal. The statute does not 'establish' technically a prescription, but rather a restriction upo*s the powers of the Court which the latter must of itself recognize and enforce.</p>