257 F. 757 | E.D. La. | 1919
In this case plaintiff brought an action for damages against the Director General of Railroads and the Morgan’s Louisiana & Texas Railroad & Steamship Company. An exception to the venue of the court as to the Director General was maintained. Thereupon the plaintiff dismissed the suit as to him. A similar exception of the railroad company was overruled. The railroad company has now filed an exception of no cause of action to the petition. It is contended by the exceptor that no action will lie against the railroad company while it is under the control of the Director General of Railroads; that the word “carriers,” in section 10 of the Act of March 21, 1918, c. 25, 40 Stat. 451 (Comp. St. 1918, §§ 3115%a-3115%p), does not mean the railroad companies but refers to the federal administration.
The exception will be overruled, and the defendant allowed 10 days in which to file an answer.