Fink v. Campbell
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern Division of the Eastern District of Tennessee. This was an action by George F. Campbell and Mattie E. Campbell, his wife, against Henry Fink and others, as receivers of the East Tennessee, Virginia & Georgia Railway Company, to recover-damages for personal injuries sustained by said Mattie E. Campbell during coverture.
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In Error to the Circuit Court of the United States for the Northern Division of the Eastern District of Tennessee. This was an action by George F. Campbell and Mattie E. Campbell, his wife, against Henry Fink and others, as receivers of the East Tennessee, Virginia & Georgia Railway Company, to recover-damages for personal injuries sustained by said Mattie E. Campbell during coverture. In the court below, there were a verdict and judgment for plaintiffs, and defendants sued out this writ of error.
1Opinion of the Court
LURTON, Circuit Judge.
The Tennessee statute of limitations provides that all actions for “personal injuries” shall be brought within one year from after cause of action accrued. Rev. St. Tenn. (Mill. & V. Code 1884) § 3469.
This cause of action is for a personal injury sustained by Mrs. Campbell, wife of George F. Campbell, more than one year after cause of action arose, and is barred unless within the saving clause of the same statute.
*665By section 3451, Rev. St. Tenn. (Mill. & V. Code 1884), it is provided tliat:
“If tlie iierson entitled to commence an action is, at tlie time the (‘anse of…
2Cases cited11 opinions
- Barber v. Barber Ex Rel. CronkhiteSupreme Court of the United States · 1859
- Hughes v. BrownTennessee Supreme Court · 1890
- Alvis v. OglesbyTennessee Supreme Court · 1889
- Smith v. City of St. JosephSupreme Court of Missouri · 1874
- Wilson v. WilsonCalifornia Supreme Court · 1868
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- Fassitt v. SeipSupreme Court of Pennsylvania · 1915
- Thompson v. C., N. O. & T. P. Ry. Co.Tennessee Supreme Court · 1902
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