Mitchell Coal & Coke Co. v. Pennsylvania R. Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
At Law. Action by the Mitchell Coal & Coke Company against the Pennsylvania Railroad Company. On motions to amend plaintiff’s statement of claim and exceptions to referee’s report. Motions overruled and exceptions sustained in part.
1Opinion of the Court
J. B. McPHERSON, District Judge.
This action of trespass is based upon unlawful discrimination in rates upon interstate shipments of coal and coke. Sections 2, 8, Act Feb. 4, 1887, c. 104, 24 Stat. 379, 382 (U. S. Comp. St. 1901, pp. 3155, 3159). It was brought on March 14, 1905, and the statement of claim—which was filed in the following November—relies upon the commission of discriminating acts between April 3, 1897, and May 1, 1901. The Pennsylvania statute of limitations bars an action of trespass after six years from the commission of the unlawful act, and it is evident, therefore, that…
2Cases cited12 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Traer v. ClewsSupreme Court of the United States · 1885
- Noonan v. PardeeSupreme Court of Pennsylvania · 1901
- Smith v. BlachleySupreme Court of Pennsylvania · 1901
- Wight v. United StatesSupreme Court of the United States · 1897
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