Cauley v. S. E. Massengill Co.

TAYLOR, District Judge.

This is a suit alleging the wrongful death of plaintiff’s intestate, Emanuel Cauley, and the pleadings allege that he died in the State of Florida, where the wrongful act complained of occurred on October 16, 1937. The complaint alleges that under the laws of the State of Florida such an action is barred by no statute of limitations until two years after death, and it is alleged that the Florida statute of limitations, Comp.Gen.Laws Fla. 1929, § 4663, subd. 6, is the applicable statute. The suit was instituted November 3, 1939, in the District Court for the Northeastern…