Herb v. Pitcairn
325 U.S. 77 (1945)

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U.S. Supreme Court

Herb v. Pitcairn, 325 U.S. 77 (1945)

Herb v. Pitcairn

No. 24

Decided April 23, 1945*

325 U.S. 77

Syllabus

For purposes of the Federal Employers' Liability Act, which provides that "[n]o action shall be maintained under this chapter unless commenced within two years from the day the cause of action accrued," an action is "commenced" when instituted by service of process issued out of a state court which is itself unable to proceed to judgment but which, by the state law or practice, is directed or permitted to transfer the proceeding, by change of venue or otherwise, to a court which does have jurisdiction to hear and determine the cause. P. 325 U. S. 78.

384 Ill. 237, 281, 51 N.E.2d 277, 282, reversed.

Certiorari, 321 U.S. 759, to review Judgments affirming dismissals of two suits under the Federal Employers' Liability Act. An earlier opinion of this Court in this case is reported in 324 U. S. 117.

Page 325 U. S. 78

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