Mellon v. Weiss,
270 U.S. 565 (1926)

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U.S. Supreme Court

Mellon v. Weiss, 270 U.S. 565 (1926)

Mellon v. Weiss

No. 223

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

Page 270 U. S. 566

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.

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