Glus v. Brooklyn Eastern District Terminal, 359 U.S. 231 (1959)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

Claiming that respondent was estopped from pleading the statute of limitations because it had induced delay by representing to petitioner that he had seven years in which to sue, petitioner brought action against respondent in a Federal District Court under the Federal Employers’ Liability Act, after expiration of the three-year statutory period of limitation, to recover damages for an industrial disease he allegedly contracted while working for respondent.

Held: if petitioner can prove that respondent’s responsible agents conducted themselves in such a way that he was justifiably misled into a good faith belief that he could begin his action at any time within seven years after it accrued, he is entitled to have his case tried on the merits, and the District Court erred in dismissing the case on the ground that it was barred by the three-year limitation. Pp. 231-235.

253 F.2d 957, reversed.