Finnell v. Southern Kan. Ry. Co.
U.S. Circuit Court for the District of Western Missouri
On Exceptions to the Evidence. Action by John K. Finnell against the Southern Kansas Railway Company for personal injuries sustained. The defendant offered in evidence the Kansas statute of limitations. The plaintiff objected thereto. Plaintiff sued the defendant for personal injuries sustained in the state of Kansas, May 16, 1884, by falling off of the platform connected with one of defendant’s station-houses on the line of its road.
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On Exceptions to the Evidence. Action by John K. Finnell against the Southern Kansas Railway Company for personal injuries sustained. The defendant offered in evidence the Kansas statute of limitations. The plaintiff objected thereto. Plaintiff sued the defendant for personal injuries sustained in the state of Kansas, May 16, 1884, by falling off of the platform connected with one of defendant’s station-houses on the line of its road. At the time of the accident plaintiff was a citizen of Missouri, and returned to his home in Missouri immediately after the accident, where he continued to…
1Opinion of the Court
Thayer, J.,
(orally, after stating the facts.) Referring to the objection made last evening to the introduction of the Kansas statute of limitations, I will say that in my judgment section 25, art. 3, c. 80, was intended to extinguish a cause of action after the lapse of the statutory period of lim*428itation, and not merely to bar the remedy. I can conceive of no other purpose to be subserved by the adoption of thé section in question; unless it was to extinguish the cause of action as well as to bar the remedy. ■Judge Story, in hi's treatise on the Conflict of Laws, appears to have been the…
2Cases cited3 opinions
- Shelby v. GuySupreme Court of the United States · 1826
- Jones v. JonesSupreme Court of Alabama · 1850
- Baker v. StonebrakerSupreme Court of Missouri · 1865
3Cited by15 opinions
- Bartlett v. ManorIndiana Supreme Court · 1897
- Cockrill v. CooperCourt of Appeals for the Eighth Circuit · 1898
- Dolenty v. Broadwater CountyMontana Supreme Court · 1912
- Earnest v. St. Louis, Memphis & Southeastern Railway Co.Supreme Court of Arkansas · 1908
- Peters v. HangerCourt of Appeals for the Fourth Circuit · 1904
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