Lagrone v. Kansas City Southern Ry. Co.

'■ :ST. PAUL, J;

Plaintiff, as receiver for the Willowbrook Brick & Tile Company, sued defendant for damages for an alleged failure to furnish cars for the transportation of the company’s product; which alleged failure occurred more, than one year before the filing of this suit. Wherefore defendant pleads the prescription of one year.

It is not claimed that plaintiffs were under any special contract to furnish the cars; but that the duty arose by virtue of defendant’s general obligation to furnish cars under the Interstate Commerce Act (U. S. Comp. St. § 8563 et seq.).

Hence defendant contends…