Murray v. Atlantic Coast Line Railroad

146 S.E. 801, 196 N.C. 695, 1929 N.C. LEXIS 76

• Court: Supreme Court of North Carolina
• Decided: March 6, 1929
• Status: Published

Opinion

Stact, C. T.,

after stating tbe case.: Tbe demurrer was properly sustained on authority of Belch v. R. R., 176 N. C., 22, 96 S. E., 640. Section 6 of tbe Federal Employers’ Liability Act provides, among other things, “Tbat no action shall be maintained under this act unless commenced witbin two years from tbe day tbe cause of action accrued,” etc. There is no provision in this statute for extending tbe time witbin which suit may be brought by reason of a pending or former action and nonsuit suffered or entered therein. See, also, Capps v. R. R., 183 N. C., 181, 111 S. E., 533.

Affirmed.