Kansas City Southern Railway Co. v. Wolf

The original action was begun in the United States District Court, Western District of Missouri, May 12, 1915, to recover charges in excess of the published tariff rates collected by the plaintiff in error-.upon sundry interstate shipments of strawberries. All the shipments and payments were made prior to June 1, 1912. The company demurred, “ because each of said counts shows upon its face that the pretended claim which is made the basis of such count accrued more than two years prior to the institution of this action.”

The trial court overruled the demurrer and this was approved by the…