United States Supreme Court Cases & Opinions

U.S. Supreme Court

Mellon v. Arkansas Land & Lumber Co., 275 U.S. 460 (1928)

Mellon v. Arkansas Land & Lumber Company

No. 73

Argued October 27, 1927

Decided January 3, 1928

275 U.S. 460

Syllabus

Under § 206 of the Transportation Act, 1920, which provided that actions at law based on causes of action arising out of the operation by the President of the railroad of any carrier, might, after the termination of federal control, be brought against "an agent designated by the President for such purpose . . . within the periods of limitation now prescribed by state or Federal statutes," an action was mistakenly brought against one who had resigned from the position of designated agent. Held, that the substitution of his successor was in effect the commencement of a new and independent proceeding, which was barred by the running of the applicable state statute of limitations before the substitution was made. P. 275 U. S. 462.

155 Ark. 541, 170 id. 552, reversed.

Certiorari, 273 U.S. 676, to a judgment of the Supreme Court of Arkansas, sustaining a recovery in an action brought by the Land and Lumber Company under the Transportation Act.