Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938)

Maty v. Grasselli Chemical Co.

No. 378

Argued February 3, 1938
Decided February 14, 1938
303 U.S. 197

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

In an action for personal injuries, the plaintiff alleged his employment as a worker in a specified department of defendant’s plant and that, while so employed he suffered the injuries through inhaling gases etc. attributable to defendant’s negligence. An amendment of the complaint broadened the description of the place of employment where the injuries were sustained so as to include another department located in another building of the same plant. Held, that the amendment did not introduce a new cause of action within the meaning of the New Jersey statute of limitations. P. 199.

89 F.2d 456 reversed.

Certiorari, 302 U.S. 663, to review the reversal of a judgment for the defendant, the present respondent, in an action for personal injuries begun in a New Jersey state court and removed to the federal district court. Upon the death of the plaintiff, the present petitioner was substituted as administratrix by the court below.