95 Wash. 280 | Wash. | 1917
The lower court sustained a demurrer to the amended complaint upon the ground that the action was not commenced within the time limited by law. Plaintiff electing to stand upon this complaint and refusing to plead further, the action was dismissed and he appealed. The cause of action pleaded was for personal injuries alleged to have been sustained while appellant, an employee of respondent, was engaged in interstate commerce under the Federal employers’ liability act. The cause of action accrued June 4, 1912. Service was had upon respondent April 20, 1914. The corn-
Appellant admits such to be the rule of this state under the cases cited, but contends that the Cresswell case, first announcing this rule, is a wrongful interpretation of the statute as applied to this defense, and invites us to again construe the statute and overrule the cases cited. This rule
The judgment is affirmed.
Ellis, C. J., Chadwick, Main, and Webster, JJ., concur.