SOUTHERN RAILWAY COMPANY v. Smalley

On Motion for Rehearing.

It is contended by the plaintiff on motion for rehearing that this court, in holding that the trial court erred in striking the defendant’s plea of the Georgia statute of limitation and the contributory negligence law of South Carolina, overlooked the fact that “the exclusive remedy afforded an injured railroad worker is the Federal Employers’ Liability Act,” and that in an action to recover under the provisions of that Act, the Federal law furnishes the sole and exclusive measure of the rights and liabilities of the parties and supersedes and prohibits rights and…