Louisiana & Western R. Co. v. Gardiner, 273 U.S. 280 (1927)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 273 U.S. 274, click here.

Louisiana & Western Railroad Company v. Gardiner

No. 120

Argued January 12, 1927
Decided February 21, 1927
273 U.S. 280

ERROR AND CERTIORARI TO THE COURT OF APPEAL

OF THE STATE OF LOUISIANA, FIRST CIRCUIT

1. Cause held reviewable by certiorari, not error. P. 281.

2. A provision in an interstate bill of lading attempting to restrict the institution of damage suits to two years and one day after delivery of the property is bad under Transportation Act, 1920, which declares unlawful any limitation shorter than two year from the day when notice in writing is given by the carrier to the claimant that the carrier has disallowed the claim or any part or parts thereof specified in the notice. P. 284.

3. Neither the Cummins Amendment nor the Transportation Act operates, itself, as a statute of limitation upon a suit by a shipper against a carrier for damage to goods. P. 284.

4. In the absence of a federal statute of limitations, the local one is applicable to such actions. P. 284.

Reversed.

Certiorari to a judgment of the Court of Appeal of Louisiana which affirmed with a modification a judgment against the railroad recovered by Gardiner for damage to freight. The supreme court of the state refused certiorari.