Link v. Carolina & Northwestern Railway Co.
Cases that cite this one
3 later published cases cite this decision.
- Chesapeake & O. Ry. Co. v. Miles (Ky. Ct. App. 1952)
- Davis v. Norfolk Southern Railroad (N.C. 1931)
- Wichita Falls & Southern Railroad v. Durham (Tex. 1938)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Tbe action was properly dismissed on authority of Murray v. R. R., 196 N. C., 695, 146 S. E., 801, and Belch v. R. R., 176 N. C., 22, 96 S. E., 640.
Tbe Federal Employers’ Liability Act (45 U. S. C. A., sec. 56) provides: “No action shall be maintained under tbis chapter unless commenced within two years from tbe day the cause of action accrued.”
There is no provision in this statute extending or tolling the time for filing suit by reason of infancy or other disability. Gillette v. Del. L. & W. Ry., 102 Atl. (N. J.), 673 (minority of plaintiff); Bement v. Grand Rapids Ry. Co., 160 N. W. (Mich.), 424 (fraudulent representations of defendant’s agent which caused plaintiff to delay); Alvarado v. So. Pac. Ry. Co., 193 S. W. (Tex.), 1108 (insanity resulting from the injury).
Indeed, it has been held with us that a provision in a contract of insurance, limiting the time for instituting suit to recover under the policy, is not affected by the minority of the plaintiff. Beard v. Sovereign Lodge, 184 N. C., 154, 113 S. E., 661; Heilig v. Ins. Co., 152 N. C., 358, 67 S. E., 927.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.