E. I Dupont de Nemours & Co. v. Davis - 264 U.S. 456 (1924)
U.S. Supreme Court
E. I Dupont de Nemours & Co. v. Davis, 264 U.S. 456 (1924)
E. I Dupont de Nemours & Co. v. Davis
Argued March 14, 1924
Decided April 7, 1924
264 U.S. 456
1. In a complaint showing by apt allegation that the plaintiff sues as the Director General of Railroads continued in that office by the President under §§ 202 and 211 of the Transportation Act, a description of him "as agent," appointed under § 206 of the act, may be rejected as surplusage. P. 264 U. S. 459.
2. Paragraph (3), added by the Transportation Act to § 16 of the Interstate Commerce Act and providing:
"All actions at law by carriers subject to this Act for recovery of their charges . . . shall be begun within three years from the time the cause of action accrues, and not after,"
does not apply to an action by the Director General of Railroads to recover demurrage charges accrued to the United States during the period of federal control of railroads. Id.
287 F. 522 affirmed.
Certiorari to a judgment of the circuit court of appeals which reversed a judgment of the district court sustaining a demurrer to the complaint in an action by the Director General of Railroads to recover demurrage charges.