Seymour v. Southern Railway Co.

*100This action was brought by the administratrix to recover damages for a personal injury inflicted upon her intestate by the railway company, resulting in his death. The present suit was brought more than a year after the infliction of the injury, and the statute of limitations applicable to this class of cases was interposed by the company. In reply, it was insisted that there was a prior suit for the same cause of action brought within one year of the injury, which suit was dismissed; and that the present action was brought within one year thereafter.

The defendant below met this contention…