Pennsylvania R. Co. v. South Carolina Produce Ass'n

ERNEST F. COCHRAN, District Judge.

The plaintiff brought this action to recover from the defendant certain freight charges for the transportation of certain interstate shipments. The defendant’s answer sets forth a counterclaim for damages for negligence in the transportation of those shipments. The'plaintiff has demurred to the counterclaim, on the ground that the claim for damages cannot, under the Interstate Commerce Act of Congress' and the acts amendatory thereto (49 USCA § 1 et seq. Comp. St. § 8563 et seq.), constitute a lawful offset or counterclaim to a cause of action for unpaid…