Kansas City Southern Ry. Co. v. Maynor

Fifth Circuit

Kansas City Southern Ry. Co. v. Maynor

209 F. 611, 126 C.C.A. 433, 1913 U.S. App. LEXIS 1829

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 8, 1913

DocketNo. 2,528

StatusPublished

This text of 209 F. 611 (Kansas City Southern Ry. Co. v. Maynor) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kansas City Southern Ry. Co. v. Maynor, 209 F. 611, 126 C.C.A. 433, 1913 U.S. App. LEXIS 1829 (5th Cir. 1913).

Pincite

Opinion

PER CURIAM.

Under the undisputed facts in this case, Mrs. Maynor, at the time she received her injuries, was more than a mere licensee on board the train of the railway company. She was a quasi employé of the railway company by consent and in its interest, and was entitled to protection from injury through negligence of the railway company.

The statute of Louisiana, providing that actions for offenses and quasi offenses- shall be prescribed by one year (R. C. C. La. art. 3536), affects the remedy primarily; and while it may extinguish the right in Louisiana at the expiration of one year, it is not applicable in the courts of another state, to which the injured party has lawfully removed while the right of action in Louisiana subsisted. For authorities, see 25 Cyc. 1020, 1021.

Judgment affirmed.

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PER CURIAM.

Under the undisputed facts in this case, Mrs. Maynor, at the time she received her injuries, was more than a mere licensee on board the train of the railway company. She was a quasi employé of the railway company by consent and in its interest, and was entitled to protection from injury through negligence of the railway company.

The statute of Louisiana, providing that actions for offenses and quasi offenses- shall be prescribed by one year (R. C. C. La. art. 3536), affects the remedy primarily; and while it may extinguish the right in Louisiana at the expiration of one year, it is not applicable in the courts of another state, to which the injured party has lawfully removed while the right of action in Louisiana subsisted. For authorities, see 25 Cyc. 1020, 1021.

Judgment affirmed.

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Bluebook (online)

209 F. 611, 126 C.C.A. 433, 1913 U.S. App. LEXIS 1829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kansas-city-southern-ry-co-v-maynor-ca5-1913.