151 Ga. 795 | Ga. | 1921
Cora Smiley brought suit against the Georgia Southern and Florida Railway Company, in the city court of Valdosta, to recover damages in the sum of $5,000; on account of alleged personal injuries sustained by the plaintiff. The material portions of the petition were in substance as follows: On December 11, 1917, plaintiff purchased from the agent of the defendant at Valdosta a ticket to Lake City, Florida, and was wrongfully directed to a train of the defendant going to Jacksonville, instead of to Lake City. By reason of being directed to the wrong train the plaintiff was ejected by the conductor, and in alighting from the train she sustained certain personal injuries. The petition was filed on June 23, 1920, more than two years after the alleged tort. On the date of the injuries complained of and until November 11, 1918, the United States of America was actively engaged in war with Germany; and on account of the war the physical properties of the defendant were, on January 1, 1918, taken possession of by the United States Government and were operated by the Government through its director-general of railroads from that date until March 1, 1920, and the agents of the defendant became the agents of the United States government, and no service could be perfected upon the defendant during that period. It
The petition alleged that the cause of action arose on December 11, 1917. The petition was filed on June 22, 1920, more than two years after the date of the alleged injury. The Civil Code (1910), § 4497 declares that actions for injuries done to the person shall be brought within two years after the right of action accrues. The suit is' therefore barred, unless the above statute is tolled by the transportation act of Congress passed in 1920. That act provides that “The period of Federal control shall not be computed as a part of the periods of limitations in actions against carriers, or in claims for reparation to the Commission for causes of action arising prior to Federal control.” Fed. Stat. Ann. 1920 Supp. p. 79 (f).' The question arises, therefore, whether the above act of Congress declaring the suspension of the statute of limitations is binding on the State courts. On March 21, 1918, Congress passed an act (Fed. Stat. Ann. 1918 Supp. p. 757) known as the Federal control act. In section 10 it is provided: “ That carriers. while under Federal control shall be subject to all laws and liabilities as common carriers, whether arising under State or Federal laws or at common law, except in so far as may be inconsistent ’with the provisions of this act or any other act
In Small v. Slocumb, 112 Ga. 279, 281 (37 S. E. 481, 53 L. R. A. 130, 81 Am. St. R. 50), this court held: “Congress has power to levy and collect taxes by requiring revenue stamps to be placed upon certain written instruments, and has power to prescribe a punishment for the failure or refusal to comply with that requirement, and to provide that such instruments shall not, unless stamped, be admissible . . in the Federal courts. It has, however, no power to prescribe rules of evidence for a State court; and, therefore, the act of Congress which declares that certain written instruments shall not be received in evidence in any court until stamped as required by the act is to be understood as applicable to the Federal courts only.” In delivering the opinion of the court Chief Justice Simmons, said: “Under our system of government, the States retain all powers of sovereignty which were not granted to the general government by the constitution. They had the power to create and establish their own courts, and to regulate the practice and procedure, and to prescribe rules of evidence therein. There is nothing in the constitution of the" United States which expressly or by implication gives to Congress the power to prescribe rules of evidence for the courts of the States. Of course Congress, having the
Judgment reversed.