104 P.2d 236 | Okla. | 1940
This action was instituted by J.L. Moore on October 26, 1939, under the Federal Employers' Liability Act (45 U.S.C.A. §§ 51-59), against the Atchison, Topeka Santa Fe Railroad Company to recover damages for an injury alleged to have been *535 sustained on January 24, 1937, but which did not result in any appreciable disability until approximately two years thereafter. Demurrer to said petition was sustained, and upon election of plaintiff to stand upon his petition, the action was dismissed and judgment for costs entered in favor of the defendant. Plaintiff has perfected this appeal. The question which we are called upon to determine is whether an action for personal injury brought under the provisions of Federal Employers' Liability Act accrues upon the date of the injury or upon the date when the result of the injury becomes apparent.
The act involved, being one enacted by the Congress of the United States, must receive the construction which the Supreme Court of the United States has placed thereon. See Seaboard Airline Ry. Co. v. Brooks,
"No action shall be maintained under this chapter unless commenced within two years from the date the cause of action accrued."
The Supreme Court of the United States, in the case of Reading Co. v. Koons,
The limitation provided in the act, supra, is one upon the right and not merely one upon the remedy. Bell v. Wabash Ry. Co.,
The petition here involved showed on its face that the action was barred by the statute of limitations. Under these circumstances, a demurrer to said petition was properly sustained.
Judgment affirmed.
BAYLESS, C. J., WELCH, V. C. J., and RILEY, HURST, and DANNER, JJ., concur.