Gauthier v. Atchison, Topeka & Santa Fe Railway Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This is an appeal by plaintiff from an order sustaining defendant’s demurrer to a complaint setting up two causes of action for an injury received by plaintiff while engaged in interstate commerce in defendant’s baggage room at San Diego, California.
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Appeal from an order of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This is an appeal by plaintiff from an order sustaining defendant’s demurrer to a complaint setting up two causes of action for an injury received by plaintiff while engaged in interstate commerce in defendant’s baggage room at San Diego, California. The alleged injury occurred March 2, 1916. This action was commenced November 5, 1920. Under the federal Employers’ Liability Act (35 U. S. Stats, at Large, 65, ch. 149), the time within which an action of this nature may be brought is limited to two…
1Opinion of the Court
First cause of action.
Jones, J.
The first count in the complaint must be regarded as an action brought to recover for personal injury under the federal Employers’ Liability Act. The complaint claims damages for personal injury under that act and alleges facts relied on to estop defendant from pleading the statute of limitations.
The section involved is as follows:
“Sec. 6. That no action shall be maintained under this act unless commenced within two years from the day the cause of action accrued.” 8 Fed. Stats. Ann. (2d ed.) p. 1369.
This section is very brief and perfectly clear in its meaning.…
2Cases cited19 opinions
- Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
- Atlantic Coast Line Railroad v. BurnetteSupreme Court of the United States · 1915
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- American R. Co. of Porto Rico v. CoronasCourt of Appeals for the First Circuit · 1916
- Pietsch v. MilbrathWisconsin Supreme Court · 1905
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Midstate Horticultural Co. v. Pennsylvania RailroadSupreme Court of the United States · 1943
- Claim of Ahern v. South Buffalo Railway Co.New York Court of Appeals · 1952
- Scarborough v. Atlantic Coast Line R. CoCourt of Appeals for the Fourth Circuit · 1949
- State Ex Rel. Susedik v. KnutsonWisconsin Supreme Court · 1971
- Jordan v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1950
7 more not listed; retrieve them via the Exa API.