Murker v. Northern Pacific Railway Co.
Murker v. Northern Pacific Railway Co.
Opinion of the Court
The lower court sustained a demurrer to the amended complaint upon the ground that the action was not commenced within the time limited by law. Plaintiff electing to stand upon this complaint and refusing to plead further, the action was dismissed and he appealed. The cause of action pleaded was for personal injuries alleged to have been sustained while appellant, an employee of respondent, was engaged in interstate commerce under the Federal employers’ liability act. The cause of action accrued June 4, 1912. Service was had upon respondent April 20, 1914. The corn-
Appellant admits such to be the rule of this state under the cases cited, but contends that the Cresswell case, first announcing this rule, is a wrongful interpretation of the statute as applied to this defense, and invites us to again construe the statute and overrule the cases cited. This rule
The judgment is affirmed.
Ellis, C. J., Chadwick, Main, and Webster, JJ., concur.
Reference
- Full Case Name
- George A. Murker v. Northern Pacific Railway Company
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Master, and Servant — Federal Employers’ Liability — Limitations — What Law Governs. Under U. S. Rev. Stats., § 721, providing that matters respecting procedure shall he governed hy the laws of the jurisdiction in which the action is brought, and section 6 of the employers’ liability act (35 Stat. 66; 4 Comp. St., § 8662), barring all actions under the act not commenced within two years after the cause of action arose, whether an action in the state courts was commenced by the service of a summons and complaint without filing the complaint must be determined by the laws of this state. Limitation oe Actions — Commencement oe Actions — Filing Complaint — Statutes. Under Rem. Code, § 167, providing in effect that “an action shall be deemed commenced when the complaint is filed,” an action is not commenced so as to toll the statute of limitations until the complaint is filed, notwithstanding that, for some purposes, it is deemed commenced at the time of the service of the summons and complaint.