Burnett v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Oline, Jat March Term, 1913, of EDGECOMBE. This is an action to recover damages for personal injury caused by tbe negligence of tbe defendant, and tbe only defense relied on is tbat tbe plaintiff bas since bis injury accepted benefits from tbe Eelief Department. No statute of limitations bas been pleaded, but it is admitted tbat tbis action was commenced more tban two years after tbe injury.
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Appeal by plaintiff from Oline, Jat March Term, 1913, of EDGECOMBE. This is an action to recover damages for personal injury caused by tbe negligence of tbe defendant, and tbe only defense relied on is tbat tbe plaintiff bas since bis injury accepted benefits from tbe Eelief Department. No statute of limitations bas been pleaded, but it is admitted tbat tbis action was commenced more tban two years after tbe injury. It was further admitted tbat tbe complaint alleges a causé of action under tbe Federal Employer’s Liability Act, and that that act is applicable to this case, the point in…
1Opinion of the Court
' AlleN, J.
It is settled beyond controversy by tbe decisions of tbe Supreme Court of tbe United States, that tbe acceptance of benefits from a relief department does not prevent a recovery of damages for negligence under tbe Employer’s Liability Act of 1908 (Chicago R. R. v. McGuire, 219 U. S., 549; R. R. v. Schoubert, 224 U. S., 603), and as it is admitted that tbe act is applicable in tbis case, tbe only question presented by tbe appeal is tbe construction of section 6 thereof, which reads as follows : “That no action shall be maintained under tbis act unless commenced within two years from…
2Cases cited8 opinions
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Chicago, Burlington & Quincy Railroad v. McGuireSupreme Court of the United States · 1911
- Philadelphia, Baltimore & Washington Railroad v. SchubertSupreme Court of the United States · 1912
- Bear Lake & River Water Works & Irrigation Co. v. GarlandSupreme Court of the United States · 1896
- Upton v. McLaughlinSupreme Court of the United States · 1882
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3Cited by5 opinions
- Westgard v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1922
- McNeill v. . SuggsSupreme Court of North Carolina · 1930
- Seaboard Air Line Ry. Co. v. LathamAlabama Court of Appeals · 1930
- Herring v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915
- Renn v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1915