Atlantic Coast Line Railroad v. Burnette, 239 U.S. 199 (1915)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Atlantic Coast Line Railroad v. Burnette, 239 U.S. 199 (1915)
Atlantic Coast Line Railroad v. Burnette No. 66 Argued November 9, 1915 Decided November 29, 1915 239 U.S. 199
ERROR TO THE SUPREME COURT
OF THE STATE OF NORTH CAROLINA
Syllabus
It would be a miscarriage of justice to recover upon a statute not governing the case in a suit which the statute itself declared commenced too late to be maintained.
A right may be waived or lost by failure to assert it at a proper time. Burnet v. Desmornes, 226 U.S. 145.
Even though not pleaded, if defendant insists on the point that an action based on the Employers’ Liability Act of 1908 has been brought too late and the answer admits that fact, the action cannot be maintained.
Congress within its sphere is a paramount authority over the states, and courts cannot, where the will of Congress plainly appears, allow substantive rights to be impaired under the name of procedure.
163 N.C. 186 reversed.
The facts, which involve the validity of a judgment for personal injuries based on the Employers’ Liability Act of 1908, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Atlantic Coast Line Railroad v. Burnette, 239 U.S. 199 (1915) in 239 U.S. 199 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=GUS5E5888Y68CS9.
MLA: U.S. Supreme Court. "Syllabus." Atlantic Coast Line Railroad v. Burnette, 239 U.S. 199 (1915), in 239 U.S. 199, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=GUS5E5888Y68CS9.
Harvard: U.S. Supreme Court, 'Syllabus' in Atlantic Coast Line Railroad v. Burnette, 239 U.S. 199 (1915). cited in 1915, 239 U.S. 199. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=GUS5E5888Y68CS9.
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