Olcovich

In this action the plaintiff seeks to recover upon two causes of action, separately stated, the aggregate sum of $1,738.49, as damages for alleged injuries to two distinct lots of merchandise, claimed to have been consigned to plaintiff, and intrusted to defendant for transportation from Berlin, in the state of New Hampshire, to the plaintiff at the city and county of San Francisco.

The defendant is a common carrier, incorporated and existing under the laws of the Dominion of Canada, and is engaged in transporting passengers and freight from state to state in the United States over its own lines of railway, and by connection over the railway lines of other common carriers.

The plaintiff’s causes of action, by appropriate allegations, purport to be founded upon an obligation arising by opera tion of law out of the provisions of an act of Congress and the amendment, thereto known as the Interstate Commerce Act.

The defendant interposed a demurrer to the plaintiff’s complaint, which attacked the jurisdiction of the state court to hear and determine the action. The demurrer, which was based upon several grounds, was sustained without leave to amend being granted. Accordingly…