Philadelphia, Baltimore & Washington R. R. v. Quaker City Flour Mills Co.

Opinion by

Mr. Justice Kephart,

Plaintiff is a common carrier engaged in the transportation of interstate commerce. Defendant, because of a violation of the company’s rules, duly promulgated, relating to¡ holding consigned cars, became liable to plaintiff for a sum of money, commonly called demur- rage, for which this suit was brought. The cause of action arose in 1916 and this proceeding was instituted in 1922. It was defendant’s position in the court below, and is here, that the right to sue was barred by the Transportation Act of February 28, 1920, ch. 91, section 424, 41 Stat. at L. 456,…