135 Minn. 45 | Minn. | 1916
This action is to recover sums alleged to have been paid for freight transportation in excess of the rates fixed by statute. There were findings and judgment for the defendant. The plaintiff appeals from the judgment.
By Laws 1907, p. 313, c. 232, effective from June 1, 1907, maximum intrastate freight rates on a mileage basis were prescribed. On September 23, 1907, the defendant railroad and the attorney general of the state were enjoined from putting into effect the rates prescribed, and all having knowledge of the injunction were restrained. It seems to be conceded that the plaintiff, having knowledge of the injunction, though not a party to the action, was as much bound as if named. The injunction was dissolved on July 21, 1913. See Minnesota Rate Cases, 230 U. S. 352, 33 Sup. Ct. 729, 57 L. ed. 1511, 48 L.R.A.(N.S.) 1151, Ann. Cas. 1916A, 18. This action was commenced on September 10, 1915, to recover alleged overcharges paid from October 3, 1907, to January 27, 1909. These overcharges were upon shipments from Blakeley to St. Paul, via Shakopee, with a milling in transit privilege. The through rate from Blakeley to St. Paul fixed by the railroad was 7 cents per hundred. The milling in transit rate was the through rate. For this charge the railroad trans
' “Any of the following grounds of disability, existing at the time when a cause of action accrued, shall suspend the running of the period of limitation until the same is removed: Provided, that such period, except in the case of infancy, shall not be extended for more than five years, nor in ease for more than one year, after the disability ceases:”
5. “When the beginning of the action is stayed by injunction or by statutory prohibition.” G. S. 1913, § 7710 (R. L. 1905, § 4084).
■' The plaintiff refers to G. S. 1913, § 7888 (R. L. 1905, § 4258), which provides that the period during which the performance of an act is stayed by injunction forms no part of the time within which it may be performed. This statute is without application.
The statute quoted is unambiguous. As it was prior to the revision of 1905, “the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action.” Gr. S. 1894, § 5151. A change was intended by the revision and it must be given effect. The disability of the plaintiff to sue ceased as early as July 21, 1913. More than one year after that time, and more than six years after the several payments sought to be recovered, elapsed before suit was brought. Whether a cause of action in a party restrained by an injunction remaining in force until the lapse of the statutory period would be barred, or whether he would be entitled to relief in equity, we need not inquire. See 2 Wood, Limitations, § 243, 1 Joyce, Injunctions,
We hold that the cause of action did not accrue upon the dissolution of the injunction but upon payment, and that it is barred by the- statute. Reaching this conclusion, which was also the ground of the trial court’s decision, we do not inquire whether the through rate of 5.9 was the proper rate for a milling in transit shipment.
Judgment affirmed.