Perry v. Southern Ry. Co.
29 F. Supp. 1006, 1939 U.S. Dist. LEXIS 2217
Opinion
The motion to strike count 4% of the amended declaration because it states a new cause of action barred by the statute of limitations will be denied. This new count is supplemental and amplifies the acts charged as having created the original cause of action. Therefore it relates back to the same cause, and is not, either alone or taken with the other acts, charged as creating the cause of action new.
The cases cited in support of the motion are contra, in my opinion.
Free access — add to your briefcase to read the full text and ask questions with AI
Perry v. Southern Ry. Co., 29 F. Supp. 1006, 1939 U.S. Dist. LEXIS 2217 (E.D. Tenn. 1939).
29 F. Supp. 1006 (Perry v. Southern Ry. Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
United States Ex Rel. Way Panama, S. A. v. Uhlhorn International
238 F. Supp. 887 (District Court, Canal Zone, 1965)
White v. Holland Furnace Co.
31 F. Supp. 32 (S.D. Ohio, 1939)