Fender v. St. Louis Southwestern Railway Company

CLAUDE WILLIAMS, Chief Justice.

Donald G. Fender appeals from a take-nothing summary judgment against him in his action against St. Louis Southwestern Railway Company based upon the Federal Employers Liability Act (FELA), 45 U.S. C. §§ 51-60 (1972). Two questions are presented: (1) Did the trial court err in sustaining the motion for summary judgment filed by the railway company on the ground that Fender’s cause of action was barred by the statute of limitations, and (2) Should the trial court have taken judicial notice of court proceedings in the state of Illinois which may have tolled the…