Slater v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Porter, J.:

In this action the servant recovered judgment for injuries caused by the failure of the master to comply with the provisions of the factory act requiring the guarding of dangerous machinery.

The main question raised by the defendant’s appeal is whether the action is barred by the one year’s statute of limitations, which provides that “an action upon *228a statute for penalty or forfeiture, except where the statute imposing it prescribes a different limitation,” shall be barred within one year. (Civ. Code, § 17, subdiv. 4.) The answer depends upon…