Ft. Worth & R. G. Ry. Co. v. Bird

Appellee, as executrix, recovered a judgment for the sum of $3,500 as damages for the death of her husband, Joseph Bird. The trial and judgment was under the federal Employers’ Liability Act of April 22, 1908 (35 Stat. at L. 65, c. 149 [Comp. Stat. 1916, § 8657]). Both by exception to the petition upon which the trial proceeded and by plea, the appellant presented the two-year statute of limitation prescribed by the act referred to, and whether this plea was well taken is the vital question presented on this appeal.

Upon the original institution of the suit, which was on March 21, 1913, the…