Otto v. Burnett v. The New York Central Railroad Company
Court of Appeals for the Sixth Circuit
1Opinion of the Court
WEICK, Chief Judge.
The question in this appeal is whether the three year period of limitation within which actions for damages under the Federal Employers’ Liability Act (45 U.S.C. § 56 1 ) must be brought, may be extended by the Ohio Savings Statute. 2
Plaintiff, a resident of Kentucky and an employee of the railroad, was injured on March 17, 1960, in the course of his employment in the state of Indiana. He filed suit under the Act in the Common Pleas Court of Hamilton County, Ohio, on March 15, 1963, just a few days before the statute had run. The action in the state court was dismissed on…
2Cases cited19 opinions
- Holmberg v. ArmbrechtSupreme Court of the United States · 1946
- The HarrisburgSupreme Court of the United States · 1886
- Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
- Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
- Osbourne v. United StatesCourt of Appeals for the Second Circuit · 1947
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3Cited by10 opinions
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Pugh v. BrookCourt of Appeals for the Eleventh Circuit · 1998
- Donald R. Davis v. Smith's Transfer, Inc. And Teamsters Local Union No. 549Court of Appeals for the Sixth Circuit · 1988
- Russell L. Swarthout v. Michigan Bell Telephone CompanyCourt of Appeals for the Sixth Circuit · 1974
- Walker v. Ford Motor Co.District Court, E.D. Tennessee · 1965
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