A Treatise On the Law of Employers Liability Acts
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J Babcock v. Babeock, 46 Mo. 243.
LIMITATION OP ACTIONS. 197 In Nashville &c. Ky. v. Foster, 10 Lea (Tenn.), 351, however, a decision of a contrary tendency was ren- dered. A brakeman in the defendant railroad's employ was killed in Alabama, but the original declaration counted on the Tennessee statute apparently ; at least it did not state or rely upon the Alabama statute. After the limitation period had elapsed an amendment was allowed setting forth the Alabama statute. It was held that the a...mendment did not introduce a new cause of action, and that it related baok to the time the action was commenced, and prevented the bar from attaching.
It is possible, however, to distinguish this case from the two preceding cases on the ground that here the liabil- ity described, both in the original declaration and in the amendment, was a special statutory habihty, while in the two preceding cases the liability alleged in the original declaration was a general common-law liability, and that alleged in the amendment was a special statu- tory liability.
What to read after A Treatise On the Law of Employers Liability Acts?
You can find similar books in the "Read Also" column, or choose other free books by Reno, Conrad, 1859-1933 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
J Babcock v. Babeock, 46 Mo. 243.
LIMITATION OP ACTIONS. 197 In Nashville &c. Ky. v. Foster, 10 Lea (Tenn.), 351, however, a decision of a contrary tendency was ren- dered. A brakeman in the defendant railroad's employ was killed in Alabama, but the original declaration counted on the Tennessee statute apparently ; at least it did not state or rely upon the Alabama statute. After the limitation period had elapsed an amendment was allowed setting forth the Alabama statute. It was held that the a...mendment did not introduce a new cause of action, and that it related baok to the time the action was commenced, and prevented the bar from attaching.
It is possible, however, to distinguish this case from the two preceding cases on the ground that here the liabil- ity described, both in the original declaration and in the amendment, was a special statutory habihty, while in the two preceding cases the liability alleged in the original declaration was a general common-law liability, and that alleged in the amendment was a special statu- tory liability.
What to read after A Treatise On the Law of Employers Liability Acts?
You can find similar books in the "Read Also" column, or choose other free books by Reno, Conrad, 1859-1933 to read onlineMoreLess
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