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BURNETT v. NEW YORK CENTRAL RAILROAD COMPANY

No. 15627.

332 F.2d 529 (1964)

Otto V. BURNETT, Plaintiff-Appellant, v. The NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

June 2, 1964.

Attorney(s) appearing for the Case

Douglas G. Cole, Cincinnati, Ohio (Goldman, Cole & Putnick, Cincinnati, Ohio, on the brief), for appellant.

John J. Farley, Cincinnati, Ohio (Davis, Farley, Short & Roberts, Cincinnati, Ohio, on the brief), for appellee.

Before WEICK, Chief Judge, and O'SULLIVAN and PHILLIPS, Circuit Judges.

WEICK, Chief Judge.

The question in this appeal is whether the three year period of limitation within which actions for damages under the Federal Employers' Liability Act (45 U.S.C. § 561) must be brought, may be extended by the Ohio Savings Statute.2

Plaintiff, a resident of Kentucky and an employee of the railroad, was injured on March 17, 1960, in the course of his employment in the state of...

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