Vaught v. Virginia & Southwestern Railroad

Suit was. brought by the administrator of W. B. Campbell averring a canse of action under the federal Employers’ Liability Act, for the wrongful killing of his intestate while in the service of the defendant. A demurrer to the declaration was sustained by the trial judge and by the court of civil appeals.

The second ground of demurrer is to the effect that the action is barred by the limitation of two years contained in the federal Employers ’ Liability Act. The plaintiff brought suit under this act within two years, hut it was terminated by a voluntary nonsuit taken by the plaintiff with the…