Herr v. Chicago, Milwaukee & St. Paul Railway Co.

This action was commenced December 10, 1921.

Defendant railway company demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action, the claim being that the complaint shows that the statute of limitations had run before the commencement of the action. The trial court sustained the demurrer. Plaintiff appeals.

The trial court treated' the case as one under the Federal Employers Liability Act. If the court was right in this particular, the case comes within the decision of this court in Kannellos v. Great Northern Ry. Co. 151 Minn. 157, 186 N.…