Los Angeles & Salt Lake Railroad v. Railroad Commission

This proceeding was instituted by the petitioner to have reviewed and annulled by this court an order and decision of the respondent, the Railroad Commission of the State of California, authorizing and directing petitioner to refund to the Van Camp Sea Food Company, referred to herein as the complainant, a certain sum of money which the commission found was the difference between the freight charges actually paid and those legally collectible by petitioner on certain shipments of merchandise involved in said proceeding before said commission. One of the defenses interposed by petitioner in the proceeding before said commission was that “complainant’s cause of action is barred by reason of that portion of section 71, subparagraph (b), of the Public Utilities Act of the State of California (as amended by Stats. 1925, p. 648), reading as follows: ‘All complaints concerning unreasonable, excessive or discriminatory charges shall be filed with the Commission within two years from the time the cause of action accrues. ’ ”

The complaint in said proceeding showed that the cause of action involved therein resulted from shipments of merchandise made by Van Camp Sea Food Company between…