Missouri-Kansas-Texas Railroad v. Standard Industries, Inc.

The opinion of the court was delivered by

Parker, C. J.:

This is an appeal from a judgment sustaining a demurrer to the first amended petition, hereinafter referred to as the petition, which sought to recover demurrage charges for delay in unloading freight cars. The issue presented for determination is the specific nature of the action, which will determine the particular provision of the statute of limitations governing the time in which the action must be commenced.

The facts governing the question to be determined must be gleaned from the petition.

After identifying the plaintiff as a common…