Davidson v. Mo. Pac. R'y Co.

Opinion by

White, P. J.

§ 173. Limitation; statute of applicable to suit for a penalty; case stated. This suit was instituted by appellant to recover of appellee the penalty of $500, prescribed for an overcharge on freight. [R. S. art. 4258.] It is alleged in the petition that the overcharge occurred September 5, 1883. This suit was instituted September 29, 1885, more than two years after the cause of action accrued. Appellee, by special exception to the petition, set up the statute of limitations of two years in bar of the action. This exception was sustained. Held: Article 3203, Eevised…