Baltimore & Ohio R. R. Co. v. Fulton

The question we shall consider in this case arises upon the petition and a demurrer thereto. The petition by sufficient averment states a cause of action against the defendant for the recovery of damages by the administrator of Charles B. Fulton for wrongfully causing his death on the thirteenth day of January, 1889. The suit was commenced January 19, 1894; and, as it thus appeared that the action had not been commenced within two years as prescribed by the statute giving the right, sections 6134 and 6135 Revised Statutes, the plaintiff to obviate this, *576further averred, that on July 7, 1891,…