Bolten v. General Motors Corporation

CAMPBELL, District Judge.

Plaintiff, a citizen of Missouri and an employee of the Kelley Asbestos Products Co., was injured while doing certain work in defendant’s plant located in Missouri. He now brings a common law action for damages based on the alleged negligence of defendant corporation. The latter denied negligence and asserted as affirmative defenses that (a) the action is barred by the two-year Statute of Limitations of Illinois, Ill.Rev.Stat.1947, c. 83, § 15, and (b) plaintiff previously recovered from the Kelley Co. under the Workmen’s Compensation Act of Missouri, Mo.R.S.A. § 3689…