Chicago & N. W. Ry. Co. v. Ziebarth
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of South Dakota; James D. Elliott, Judge. Action by the Chicago & Northwestern Railway Company against M. J. Ziebarth. There was a judgment dismissing the complaint, and plaintiff brings error.
1Opinion of the Court
STONE, Circuit Judge.
This is an action by a carrier against a shipper for the amount of an undercharge on an interstate shipment. The case was presented upon the pleadings and an agreed statement of facts. The writ of error is from a judgment dismissing the complaint, as barred by limitation of the state statute.
[ 1] A single question of law is involved: Can a state statute of limitations operate to bar a recovery for an interstate freight undercharge? There is no controversy that the South Dakota statute of limitations is an effective bar to this action, if it is applicable. The railway…
2Cases cited6 opinions
- Meeker & Co. v. Lehigh Valley RRSupreme Court of the United States · 1915
- Gibson v. ChouteauSupreme Court of the United States · 1872
- A. J. Phillips Co. v. Grand Trunk Western Railway Co.Supreme Court of the United States · 1915
- Murray v. Chicago & N. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1899
- Ratican v. Terminal R. Ass'nU.S. Circuit Court for the District of Eastern Missouri · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Republic Pictures Corporation v. KapplerCourt of Appeals for the Eighth Circuit · 1945
- Atlantic Coast Line R. v. Baltimore & O. R.District Court, D. Maryland · 1935
- Davis v. ParringtonCourt of Appeals for the Ninth Circuit · 1922
- Button v. Atchison, T. & S. F. RY. Co.Court of Appeals for the Eighth Circuit · 1924
- Chicago v. Frye & Co.Washington Supreme Court · 1919
7 more not listed; retrieve them via the Exa API.