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LOUISVILLE & NASHVILLE RAILROAD COMPANY v. DISSPAIN

No. 13913.

275 F.2d 25 (1960)

LOUISVILLE & NASHVILLE RAILROAD COMPANY, Appellant, v. Leonard DISSPAIN, Appellee.

United States Court of Appeals Sixth Circuit.

February 25, 1960.

Attorney(s) appearing for the Case

Taylor H. Cox, Knoxville, Tenn. (Williston M. Cox, Knoxville, Tenn., Alvin Y. Bell, Dayton, Tenn., on the brief), for appellant.

J. H. Doughty, Knoxville, Tenn. (Hodges, Doughty & Carson, Knoxville, Tenn., on the brief), for appellee.

Before MILLER and WEICK, Circuit Judges, and THORNTON, District Judge.

PER CURIAM.

The action in the District Court was one for damages for personal injuries. It was brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. and resulted in a verdict and judgment in favor of the plaintiff for $17,500.

In this appeal, the railroad claims that the District Court should have rendered judgment in its favor because (1) the action below was not commenced within three...

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