Texas Employers' Ins. Ass'n v. Texas & P. Ry. Co.

This is a subrogation suit by the Texas Employers' Insurance Association under Article 8307, sec. 6a, R.S. 1925, against the Texas Pacific Railway Company, the alleged negligent third person. The trial court sustained a special exception setting up that the action was barred by the two years statute of limitation. The correctness of that ruling is the only question presented.

The suit results from the affirmance by this court of the judgment in Texas Emp. Ins. Ass'n v. Ritchie, 75 S.W.2d 942, September 28, 1934. This will be referred to as the Ritchie case. A motion for rehearing in that cause…