MIDSTATE CO. v. PENNA. R. CO.

No. 40.

320 U.S. 356 (1943)

MIDSTATE HORTICULTURAL CO., INC. v. PENNSYLVANIA RAILROAD CO.

Supreme Court of United States.

Decided November 22, 1943.


Attorney(s) appearing for the Case

Mr. Theo. J. Roche, with whom Messrs. Hiram W. Johnson, Theodore H. Roche, and James Farraher were on the brief, for petitioner.

Mr. John Dickinson, with whom Messrs. William F. Zearfaus, John B. Prizer, and Frederic D. McKenney were on the brief, for respondent.


MR. JUSTICE RUTLEDGE delivered the opinion of the Court.

The case is here on certiorari to the Supreme Court of California. Respondent sued to recover the full amount of freight charges on twenty-one carloads of grapes shipped by petitioner over its own and connecting carriers' lines from California to stated destinations in New York and New Jersey. The ultimate question is whether the action was brought in time under § 16 (3) (a) of the Interstate Commerce Act...

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