Preston v. Western Union Telegraph Co.
District Court, E.D. Pennsylvania
At Raw. Action by Mary E. Preston against the Western Union Telegraph Company. Sur motion by defendant for a new trial.
1Opinion of the Court
DICKINSON, District Judge.
As this case must be retried, the usual rule of refraining from a discussion of its merits further than to indicate the reasons for making the present rule absolute, so far as may affect the course of the retrial, will be followed.
1. The plea of the statute of limitations. Whether the requirement of the Pennsylvania statute that suit be brought within a year of the death be viewed as a statute of limitations or as one of the conditions of the grant of a right of action, the statute is no bar to the action because its provisions have been complied with.
The corollary,…
2Cases cited6 opinions
- Louisville, Evansville, & St. Louis Railroad v. ClarkeSupreme Court of the United States · 1894
- McCafferty v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1899
- Guckavan v. Lehigh Traction Co.Supreme Court of Pennsylvania · 1902
- Hogarth v. William H. Grandy & Co.Supreme Court of Pennsylvania · 1917
- Brashear v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Preston v. Western Union Telegraph Co.District Court, E.D. Pennsylvania · 1918