McAdams v. Southern Express Co.

Citations

• 14 Teiss. 276
• 1917 La. App. LEXIS 49

Syllabus

<p>Syllabus.</p> <p>1. When the law is changed after prescription begins to run, the time elapsed before the change is to' be corn-puted according to the old law, and that which follows according to the new. That is to say the unexpired portion of the prescription must be lengthened or shortened in the same ratio that the new period of prescription bears to the old.</p> <p>2. This doctrine of proportionate prescription is not open to constitutional objection, on the ground that it summarily cuts off a right of action, or leaves room for an arbitrary estimate of reasonable time on the part of the Court.</p> <p>3. Under Act 223 of 1914, fixing a prescription for actions for the recovery of erroneous freight charges, any charge which is not the proper charge is an erroneous charge, no matter how paid or exacted.</p>