Opinion · Court of Appeals for the Third Circuit

Carpenter v. Erie R. Co.

132 F.2d 362

Type
Opinion
Court
Court of Appeals for the Third Circuit
Jurisdiction
Federal
Date
1942-12-16
Topic
general

How later courts describe this case

  • It is "incumbent upon one suing under [FELA] to allege and prove that his cause of action was brought within the time limit[].”

Citator

UpLaw has not yet analyzed Carpenter v. Erie R. Co.. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
23 opinions
CARPENTER v. ERIE R. CO.,132 F.2d 362(3rd Cir. 1942)
CARPENTER v. ERIE R. CO.
No. 8179.
Circuit Court of Appeals, Third Circuit.
Submitted on briefs December 11, 1942.
Decided December 16, 1942.
Rehearing Denied January 8, 1943.
Appeal from the District Court of the United States for the District of New Jersey; Thomas F. Meaney, Judge.

Suit under the Federal Employers' Liability Act by Laurie J. Carpenter against the Erie Railroad Company. From a judgment dismissing the complaint, plaintiff appeals.

Affirmed.
Laurie J. Carpenter, of New York City, pro se, for appellant.

Charles W. Broadhurst, of Jersey City, N.J. (Collins Corbin and Edward A. Markley, all of Jersey City, N.J., on the brief), for appellee.
Before MARIS, JONES, and GOODRICH, Circuit Judges.
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)Page 363and 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.