Morrison v. Baltimore & O. R. Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, sustaining a demurrer to his amended declaration in an action for alleged personal injury.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, sustaining a demurrer to his amended declaration in an action for alleged personal injury. The Court in the opinion stated the facts as follows: Appeal from a judgment in the supreme court of the District, sustaining a demurrer to appellant’s amended declaration, the ground of the demurrer being that, under the employers’ liability act of June 11, 1906 (34 Stat. at L. 232, chap. 3073, H. S. Comp. Stat. Supp. 1911, p. 1316), the suit was not seasonably brought. We will hereinafter refer to…
1Opinion of the CourtJustice Robb
The demurrer of the defendant admits the truth of the averments of the declaration, and plaintiff seeks to invoke the well-recognized rule that when a defendant who relies upon an ordinary statute of limitations has previously been guilty of deception or violation of duty toward the plaintiff, causing him to subject his claim to the statutory bar, such a defendant will be held to have wrongfully obtained an advantage which, in good conscience, he is estopped to hold or plead. Bailey v. Glover, 21 Wall. 342, 22 L. ed. 636; Holman v. Omaha & C. B. R. & Bridge Co. 117 Iowa, 268, 62 L.R.A. 395,…
2Cases cited19 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Bailey v. GloverSupreme Court of the United States · 1875
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Hill v. Board of SupervisorsNew York Court of Appeals · 1890
14 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- William J. Emmett, Administrator of the Estate of Joseph N. Emmett v. Eastern Dispensary and Casualty HospitalCourt of Appeals for the D.C. Circuit · 1967
- Guy v. Robbins & Myers, Inc.Court of Appeals for the Sixth Circuit · 1975
- Callahan v. Chesapeake & O. Ry. Co.District Court, E.D. Kentucky · 1941
- Toran v. New York, N. H. & H. R.District Court, D. Massachusetts · 1952
- Earll v. SearlDistrict of Columbia Court of Appeals · 1953
2 more not listed; retrieve them via the Exa API.