New York Central & Hudson River R. Co. v. Kinney, 260 U.S. 340 (1922)

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New York Central & Hudson River Railroad Company v. Kinney

No. 110

Argued November 21, 1922
Decided December 4, 1922
260 U.S. 340

CERTIORARI TO THE SUPREME COURT

OF THE STATE OF NEW YORK

Syllabus

Where a complaint in an action for personal injuries alleges facts which may constitute the wrong either under the state law or the Federal Employers’ Liability Act, according to the nature of the employment, an amendment alleging that the parties at the time of injury were engaged in interstate commerce does not introduce a new cause of action, and may be allowed after the two-year limitation prescribed by § 6 of the act has run. P. 345.

190 App.Div. 967, 231 N.Y. 578, affirmed.

Certiorari to a judgment of the Supreme Court of New York entered on remittitur from the court of appeals affirming a judgment for the plaintiff, Kinney, in an action for personal injuries against the Railroad Company. There were several trials in the New York courts before the amendment passed upon here was made. See 9 Misc. 8; 171 App.Div. 948; 217 N.Y. 325; 185 App.Div. 903; 190 App.Div. 967; 231 N.Y. 578.