Carpenter v. Erie R. Co.
Opinion
PER CURIAM.
In this suit brought by an injured employee against a railroad company under the Federal Employers’ Liability Act, 45 U. S.C.A. § 51 et seq., it appears from the face of the complaint that the plaintiff’s cause of action arose more than fourteen years before the suit was commenced. Since compliance with the two years limitation provided by Section 56 of the act is a condition precedent to recovery (Wabash Ry. Co. v. Bridal, 8 Cir., 1938, 94 F.2d 117 )
*363 and it is, therefore, incumbent upon one suing under the act to allege and prove that his cause of action was brought within the time limited (American R. Co. of Porto Rico v. Coronas, 1 Cir., 1916, 230 F. 545 ) the district court had no alternative but to dismiss the complaint. Its judgment is accordingly affirmed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
-
(It is "incumbent upon one suing under [FELA] to allege and prove that his cause of action was brought within the time limit[].”)
Cited by 20 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.