Hartness v. Iberia & V. R. Co.

POSTER, District Judge.

This is a suit to recover damages for delay in delivering 606 pockets of rice shipped from Abbeville, La., to Charleston, S. C., over the defendant railroad. The material allegations of the petition are substantially these: That the rice was shipped on March 20, 1920; that a reasonable time for delivery is three weeks, but the rice was not delivered until September 9, 1920, a delay of over five months; that it was not properly cared for in transit, so that it arrived in a damaged condition.

An exception of prescription, based on the law of Louisiana (Act 223 of 1914),…