William Danzer Co v. Gulf Co, No. 346

CourtUnited States Supreme Court
Writing for the CourtBUTLER
Citation69 L.Ed. 1126,45 S.Ct. 612,268 U.S. 633
PartiesWILLIAM DANZER & CO., Inc., v. GULF & S. I. R. CO
Decision Date08 June 1925
Docket NumberNo. 346

268 U.S. 633
45 S.Ct. 612
69 L.Ed. 1126
WILLIAM DANZER & CO., Inc.,

v.

GULF & S. I. R. CO.

No. 346.
Argued April 28, 1925.
Decided June 8, 1925.

Page 634

Mr. Brenton K. Fisk, of Washington, D. C., for plaintiff in error.

Mr. B. E. Eaton, of Gulfport, Miss., for defendant in error.

Mr. Justice BUTLER delivered the opinion of the Court.

Plaintiff in error brought this action to recover the amount of damages awarded against defendant in error by the Interstate Commerce Commission. August 30, 1917, at Lyman, Miss., the Ingram-Day Lumber Company delivered to defendant in error a carload of lath consigned to the V. W. Long Lumber Company at Wilkes-Barre, Pa. The shipment was directed to be moved via a line of the Norfolk & Western Railway Company through Hagerstown, Md. On the day the shipment was made, plaintiff bought the lath, and in due time received the bill of lading. Defendant misrouted the car, and in consequence plaintiff suffered damages. February 14, 1921, after the expiration of the two-year period prescribed for filing claims for damages, plaintiff made complaint for reparation to the Interstate Commerce Commission against defendant and three connecting carriers. May 18, 1922, the commission made its report and order. The contention on the part of the carriers, that plaintiff's right expired before the passage of Transportation Act 1920, c. 91, 41 Stat. 456 (Comp. St. Ann. Supp. 1923, § 10071 1/4 et seq.), and was not revived by section 206(f), was overruled. The Commission's order authorized and directed the defendant, on or before August 2, 1922, to pay $307.15, with interest, to plaintiff as reparation for damages sustained in consequence of the misrouting. Defendant failed to pay the award, and this suit was brought May 7, 1923. The complaint set forth the facts above,

Page 635

stated. Defendant demurred on the ground, among others, that section 206(f), as construed and applied by the Commission, was unconstitutional, and that so to renew or revive the cause of action, which had expired before the passage of the Transportation Act was to take defendant's property without due process of law, in contravention of the Fifth Amendment. The District Court sustained the demurrer and gave judgment for defendant. The case is here on writ of error. Section 238, Judicial Code (Comp. St. § 1215).

Plaintiff's cause of action was created and limited by the Interstate Commerce Act (Comp. St. § 8563 et seq.). That act imposes upon the initial and other carriers the duty to route and transport freight in accordance with the shipper's instructions. Section 15(5). And the carrier is liable to any person injured for the full amount of damages sustained in consequence of a breach of that duty. Section 8. Any person claiming to be damaged by any carrier may make complaint to the Commission. Section 9, 13. 'All complaints for the recovery of damages shall be filed with the Commission within two years from the time the cause of action accrues, and not after. * * *' Section 16(2). 'The period of federal control shall not be computed as a part of the periods of limitation in actions against carriers or in claims for reparation to the Commission for causes of action arising prior to federal control.' Section 206(f). If, after hearing, the Commission shall determine that complainant is entitled to damages under the act, it is required to make an order directing the carrier to pay the amount so awarded on...

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109 practice notes
  • Kurzawa v. Jordan, No. 96-3299
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • May 29, 1998
    ...cannot revive liability once extinguished without running afoul of the due process clause. William Danzer & Co. v. Gulf & S.I.R. Co., 268 U.S. 633, 45 S.Ct. 612, 69 L.Ed. 1126 (1925).... Once Kurzawa was acquitted in Milwaukee County, the then controlling decision in Grady acted to extingui......
  • STOGNER v. CALIFORNIA
    • United States
    • United States Supreme Court
    • June 26, 2003
    ...civil limitations period can unconstitutionally infringe upon a "vested right"); William Danzer & Co. v. Gulf & Ship Island R. Co., 268 U. S. 633, 637 (1925) (holding the same). But see post, at 638, 653. It is difficult to believe that the Constitution grants greater protection from unfair......
  • U.S. v. Hitachi America, Ltd., Slip Op. 97-46.
    • United States
    • U.S. Court of International Trade
    • April 15, 1997
    ...liability was first created. Page 384 Davis, 194 U.S. at 455-456, 24 S.Ct. at 694-695. In William Danzer & Co., Inc. v. Gulf & S.I.R. Co., 268 U.S. 633, 45 S.Ct. 612, 69 L.Ed. 1126 (1925), the Court held that where the statute of limitations applied specifically to the cause of action creat......
  • Uniquest Del. LLC v. United States, 1:15–CV–00638EAW
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • March 27, 2018
    ...the enactment of § 118 codified that case law, creating a rule that capital contributions are not gains to a corporation. See Edwards , 268 U.S. at 633, 45 S.Ct. 614 (excluding from income subsidy payments to a corporation); Brown Shoe Co. , 339 U.S. at 589, 70 S.Ct. 820 (concluding assets ......
  • Request a trial to view additional results
108 cases
  • Kurzawa v. Jordan, No. 96-3299
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • May 29, 1998
    ...revive liability once extinguished without running afoul of the due process clause. William Danzer & Co. v. Gulf & S.I.R. Co., 268 U.S. 633, 45 S.Ct. 612, 69 L.Ed. 1126 (1925).... Once Kurzawa was acquitted in Milwaukee County, the then controlling decision in Grady acted to extingu......
  • STOGNER v. CALIFORNIA
    • United States
    • United States Supreme Court
    • June 26, 2003
    ...period can unconstitutionally infringe upon a "vested right"); William Danzer & Co. v. Gulf & Ship Island R. Co., 268 U. S. 633, 637 (1925) (holding the same). But see post, at 638, 653. It is difficult to believe that the Constitution grants greater protection from unfair......
  • U.S. v. Hitachi America, Ltd., Slip Op. 97-46.
    • United States
    • U.S. Court of International Trade
    • April 15, 1997
    ...was first created. Page 384 Davis, 194 U.S. at 455-456, 24 S.Ct. at 694-695. In William Danzer & Co., Inc. v. Gulf & S.I.R. Co., 268 U.S. 633, 45 S.Ct. 612, 69 L.Ed. 1126 (1925), the Court held that where the statute of limitations applied specifically to the cause of action created......
  • Uniquest Del. LLC v. United States, 1:15–CV–00638EAW
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • March 27, 2018
    ...the enactment of § 118 codified that case law, creating a rule that capital contributions are not gains to a corporation. See Edwards , 268 U.S. at 633, 45 S.Ct. 614 (excluding from income subsidy payments to a corporation); Brown Shoe Co. , 339 U.S. at 589, 70 S.Ct. 820 (concluding assets ......
  • Request a trial to view additional results
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