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Burnett v. New York Central R. Co., 380 U.S. 424 (1965)
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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.
Burnett v. New York Central R. Co., 380 U.S. 424 (1965)
Burnett v. New York Central Railroad Co. No. 437 Argued March 11, 1965 Decided April 5, 1965 380 U.S. 424
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
Petitioner brought an action in an Ohio court with jurisdiction against respondent, who was properly served with process, under the Federal Employers’ Liability Act (FELA) only a few days before the expiration of the three-year limitation period provided by the Act. Because, under Ohio law, venue was improper, the action was dismissed. Eight days later, and after the expiration of the three-year period, petitioner filed the FELA action in the federal court. The District Court dismissed the complaint as untimely, and the Court of Appeals affirmed.
Held: where a timely FELA action is begun in a state court having jurisdiction, the defendant is served with process, and the case is dismissed for improper venue, the FELA time limitation is tolled during the pendency of the state suit and until the state court order dismissing the action becomes final. Pp. 426-436.
332 F.2d 529 reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Burnett v. New York Central R. Co., 380 U.S. 424 (1965) in 380 U.S. 424 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=VC7VAQXXIK55XFR.
MLA: U.S. Supreme Court. "Syllabus." Burnett v. New York Central R. Co., 380 U.S. 424 (1965), in 380 U.S. 424, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=VC7VAQXXIK55XFR.
Harvard: U.S. Supreme Court, 'Syllabus' in Burnett v. New York Central R. Co., 380 U.S. 424 (1965). cited in 1965, 380 U.S. 424. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=VC7VAQXXIK55XFR.
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