Legal Opinion
John M. Atkins v. Union Pacific Railroad Co.
Court of Appeals for the Ninth Circuit
Decided August 31, 1982No. 80-3225PublishedCited by 24 opinions
1Opinion of the Court
FLETCHER, Circuit Judge:
This is an appeal from the dismissal of plaintiff Atkins’ FELA action on the ground that his. claim is barred by the statute of limitations. See 45 U.S.C. § 56 (1976). Atkins argues that his mental incompetence tolled the statute, or alternatively, that Union Pacific is estopped to assert the statute of limitations. We agree with the latter argument and reverse.
I
FACTS
Plaintiff Atkins received an eye injury in an on-the-job accident on June 11, 1975. Three months prior to the injury, he had been hospitalized for psychiatric problems, from which he had recovered…
2Cases cited10 opinions
- Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
- Schroeder v. YoungSupreme Court of the United States · 1896
- Donald D. Fletcher v. Union Pacific Railroad Company, a CorporationCourt of Appeals for the Eighth Circuit · 1980
- Scarborough v. Atlantic Coast Line R. CoCourt of Appeals for the Fourth Circuit · 1949
- Michael J. Burke v. Gateway Clipper, IncCourt of Appeals for the Third Circuit · 1971
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Cerbone v. International Ladies' Garment Workers' UnionCourt of Appeals for the Second Circuit · 1985
- Stitt v. WilliamsCourt of Appeals for the Ninth Circuit · 1990
- Huseman v. Icicle Seafoods, Inc.Court of Appeals for the Ninth Circuit · 2006
- Marian Brockamp, Administrator and Sole Residuary Beneficiary of the Estate of Stanley B. McGill Deceased v. United StatesCourt of Appeals for the Ninth Circuit · 1995
- Bevacqua v. Union Pacific RailroadMontana Supreme Court · 1998
19 more not listed; retrieve them via the Exa API.