Atlantic & Pacific Railroad v. Laird
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The action below was originally brought in a state court in California against the plaintiff in error and the Atchison, Topeka and Santa Fé Railroad Company to recover damages for personal injuries sustained on- November 3, 1890, by the derailment of a train of cars upon which the plaintiff was a passenger.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The action below was originally brought in a state court in California against the plaintiff in error and the Atchison, Topeka and Santa Fé Railroad Company to recover damages for personal injuries sustained on- November 3, 1890, by the derailment of a train of cars upon which the plaintiff was a passenger. It was alleged in the complaint that each of defendants was a corporation of the State of Massachusetts; that they jointly owned and operated a described line of railroad ; that plaintiff was a passenger on one of the trains…
1Opinion of the Court
•Mr. Justice White
delivered the opinion of the court.
It is not controverted that under section 339 of the Code of-Civil Procedure of California a cause of action'of the character of that set forth in the-various complaints filed on behalf of plaintiff was required to be instituted within two years after the cause of action accrued.
The- question to be determined, therefore, is whether the trial court erred in holding that the amendments effected by the second amended complaint did not set up a new cause of action; for, if the second amended complaint stated a distinct and independent cause of…
2Cases cited3 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Sessions v. JohnsonSupreme Court of the United States · 1877
- Lewis v. ClarkinCalifornia Supreme Court · 1861
3Cited by73 opinions
- Hart v. LudwigMichigan Supreme Court · 1956
- The John G. StevensSupreme Court of the United States · 1898
- Friederichsen v. RenardSupreme Court of the United States · 1918
- Seaboard Air Line Railway v. RennSupreme Court of the United States · 1916
- Taylor v. HerboldIdaho Supreme Court · 1971
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