Kansas City Southern Ry. Co. v. Wolf, 261 U.S. 133 (1923)

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Kansas City Southern Railway Company v. Wolf

No.194
Argued January 9, 1923
Decided February 19, 1923
261 U.S. 133

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

1. Under §§ 9 and 16 of the Interstate Commerce Act, 24 Stat. 382; 34 Stat. 590, an action by a shipper to recover charges collected by a carrier in excess of tariff rates must be brought within two years from the time when the cause of action accrued. P. 138.

2. The lapse of a longer time not only bars the remedy, but destroys the liability. P. 140.

272 F. 681 reversed.

Error to a judgment of the circuit court of appeals affirming a judgment of the district court for the defendants in error in an action to recover overcharges from the railway company.