Charles C. Fowkes v. Pennsylvania Railroad Company

HASTIE, Circuit Judge.

The sole question on this appeal from a money judgment in a Federal Employers’ Liability Act case is whether the court erred in its disposition of a question concerning the statute of limitations.

At the trial the defendant offered no evidence after the completion of the plaintiff’s case in chief. Judgment was for the plaintiff pursuant to a jury’s answers to special interrogatories. In an opinion denying a motion for a new trial the court correctly summarized the uncontradicted evidence pertinent to the statute of limitations as follows:

“Plaintiff’s duties as an employee…