Lynch v. New York, Lake Erie & Western Railroad

The opinion of the court was delivered by

Beasley, Chief Justice.

This case was tried on a plea raising the issue to be decided before the Circuit judge, a jury being waived.

The action was statutory, brought by the plaintiff, as administratrix of the estate of an intestate who had been killed by the carelessness, as it was alleged, of the servants of the defendant. One of the pleas to this cause of action is that the suit had not been commenced “within twelve calendar months after the death” of the person killed. Issue was formed by a negation of this allegation, and the judicial finding was in…