Legal Opinion

Arkansas Fertilizer Co. v. United States (Interstate Commerce Commission)

Commerce Court

Decided December 5, 1911No. 42PublishedCited by 5 opinions

Petition by the Arkansas Fertilizer Company against the United States, respondent, and the Interstate Commerce Commission intervening respondent. On final hearing.

1Opinion of the Court

KNAPP, Presiding Judge.

This case involves the meaning and application of a provision in the sixteenth section of the act to regulate commerce, as amended in 1906, which reads as follows:

“All complaints for the recovery of damages shall be hied with the Commission within two years from the time the cause of action accrues.”

What is the “cause of action” here intended to be defined, and when does it “accrue”?

The typical facts appearing in the record disclose the concrete form in which the question is now presented. In February, 1907, the petitioner shipped a car load of fertilizer from Little…

2Cases cited4 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. New York, New Haven & Hartford Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1906
  3. Finn v. United StatesSupreme Court of the United States · 1887
  4. Southern Ry. Co. v. United States (Interstate Commerce Commission)Commerce Court · 1911

3Cited by5 opinions

  1. Midstate Horticultural Co. v. Pennsylvania RailroadSupreme Court of the United States · 1943
  2. Wisconsin Bridge & Iron Co. v. Illinois Terminal Co.Court of Appeals for the Seventh Circuit · 1937
  3. Utah Poultry & Farmers Cooperative v. United StatesDistrict Court, D. Utah · 1954
  4. Russe & Burgess v. Interstate Commerce CommissionCommerce Court · 1912
  5. Utah Poultry & Farmers Cooperative v. United StatesDistrict Court, D. Utah · 1954

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