Mellon v. Weiss, 270 U.S. 565 (1926)
U.S. Supreme CourtMellon v. Weiss, 270 U.S. 565 (1926)
Mellon v. Weiss
Argued March 19, 1926
Decided April 12, 1926
270 U.S. 565
1. Substitution of the federal Agent as defendant in a suit erroneously brought against a railroad company on a cause of action for nondelivery of goods that arose during federal control is in effect the commencement of a new and independent proceeding. Davis v. Cohen Co., 268 U. S. 638. P. 270 U. S. 567.
2. Therefore, the suit will be barred by a time limit in the bill of lading if the substitution be not made within that limit, dating from the arising of the cause of action. Id.
250 Mass. 12 reversed.
Certiorari to a judgment, entered upon direction of the Supreme Judicial Court of Massachusetts, adjudging damages to the plaintiff Weiss, as administrator, in a suit brought originally against the New York, New
Haven & Hartford Railroad Company for nondelivery of a bale of rags. Davis, Director General of Railroads and Agent under the Transportation Act, was substituted as defendant below, and in this Court was succeeded by the petitioner Mellon.