Hardin v. Southern Rwy. Co.

122 S.E. 582, 128 S.C. 216, 1924 S.C. LEXIS 204

Opinion

Mr. Justice Cothran,

delivered the opinion of the Court.

The Circuit Judge was in error in holding that the plaintiff’s cause of action was barred under the Federal Employers’ Riability Act, because it was not brought within two years after the alleged cause of action accrued. It does not appear, upon the face of the complaint, that both the employee and the railroad company were engaged in interstate commerce at the time of the alleged injury, facts essential to the application of that Act. If it had so appeared, the conclusion would have been correct.

The other grounds of the demurrer were properly sustained, for the reasons stated by the Circuit Judge in his order, which is accordingly affirmed.

Messrs. Justices Watts, Fraser and Marion concur. Mr. ChiEE Justice Gary did not participate.