Brooks v. Southern Pacific Company

UDALL, Justice:

This is a suit filed under the Federal Employers’ Liability Act (FELA), 45 U.S. C. § 51 et seq. (1964 ed.). In December, 1963 plaintiff, while employed by defendant railroad, slipped and fell from a train on which he was working. On June 9, 1967, three years and six months after the accident he filed an action in the Superior Court, Maricopa County for damages resulting from mental and physical injuries allegedly incurred in the fall.

The applicable statute of limitations is 45 U.S.C. § 56, which provides that “no action shall be maintained * * * unless commenced within three…