burnett
new
york
central
argued
march
decided
april
petitioner
brought
action
ohio
jurisdiction
respondent
properly
served
process
federal
employers
liability
act
fela
days
expiration
limitation
period
provided
act
ohio
law
venue
improper
action
dismissed
eight
days
later
expiration
period
petitioner
filed
fela
action
federal
district
dismissed
complaint
untimely
appeals
affirmed
held
timely
fela
action
begun
state
jurisdiction
defendant
served
process
case
dismissed
improper
venue
fela
time
limitation
tolled
pendency
state
suit
state
order
dismissing
action
becomes
final
pp
reversed
remanded
douglas
cole
argued
cause
petitioner
brief
otto
putnick
roy
short
argued
cause
filed
brief
respondent
justice
goldberg
delivered
opinion
march
petitioner
resident
kentucky
began
action
federal
employers
liability
act
stat
amended
et
seq
ed
common
pleas
hamilton
county
ohio
alleged
injured
march
indiana
course
employment
respondent
new
york
central
railroad
ohio
jurisdiction
action
respondent
properly
served
process
action
dismissed
upon
respondent
motion
however
venue
improper
ohio
transitory
actions
venue
proper
wherever
defendant
summoned
see
ohio
rev
code
venue
properly
laid
actions
railroads
recover
personal
injuries
county
plaintiff
residence
county
injury
occurred
see
ohio
rev
code
loftus
pennsylvania
ohio
june
eight
days
state
action
dismissed
petitioner
brought
identical
action
federal
district
southern
district
ohio
district
dismissed
petitioner
complaint
ground
although
state
suit
brought
within
limitations
period
federal
action
timely
barred
limitation
provision
fela
stat
amended
ed
provides
action
shall
maintained
act
unless
commenced
within
three
years
day
cause
action
accrued
supp
appeals
rejecting
petitioner
argument
suit
state
tolled
fela
limitation
provision
affirmed
district
dismissal
suit
appeals
reasoned
since
limitation
provision
limit
right
rather
contained
act
creates
right
limited
limitation
substantive
procedural
reason
held
ailure
bring
action
within
time
prescribed
extinguished
cause
action
granted
certiorari
determine
whether
petitioner
suit
ohio
state
tolled
fela
statute
limitations
doubt
matter
federal
law
state
action
involved
properly
commenced
within
meaning
federal
limitation
statute
provides
action
shall
maintained
unless
commenced
within
three
years
day
cause
action
accrued
held
herb
pitcairn
process
adequate
bring
parties
start
case
course
judicial
handling
may
lead
final
judgment
without
issuance
new
initial
process
enough
commence
action
within
federal
statute
ohio
law
permitted
state
action
simply
transferred
another
state
herb
pitcairn
holds
timely
problem
however
timely
state
action
transferable
ohio
law
rather
dismissed
new
action
brought
federal
three
years
cause
action
accrued
nonetheless
reasons
set
hold
principles
underlying
decision
herb
pitcairn
lead
conclusion
petitioner
state
action
tolled
federal
limitation
provision
therefore
petitioner
federal
action
timely
basic
question
answered
determining
whether
given
set
facts
statute
limitations
tolled
one
legislative
intent
whether
right
shall
enforceable
prescribed
time
midstate
horticultural
pennsylvania
classification
provision
substantive
rather
procedural
determine
whether
circumstances
limitation
period
may
extended
expressly
held
fela
limitation
period
totally
inflexible
appropriate
circumstances
may
extended
beyond
three
years
glus
brooklyn
eastern
terminal
see
osbourne
cir
scarborough
atlantic
coast
line
cir
frabutt
new
york
supp
authorities
indicate
basic
inquiry
whether
congressional
purpose
effectuated
tolling
statute
limitations
given
circumstances
order
determine
congressional
intent
must
examine
purposes
policies
underlying
limitation
provision
act
remedial
scheme
developed
enforcement
rights
given
act
examination
leads
us
conclude
effectuates
basic
congressional
purposes
enacting
humane
remedial
act
well
policies
embodied
act
limitation
provision
hold
plaintiff
begins
timely
fela
action
state
competent
jurisdiction
service
process
made
upon
opposing
party
state
action
later
dismissed
improper
venue
fela
limitation
tolled
pendency
state
action
statutes
limitations
primarily
designed
assure
fairness
defendants
statutes
promote
justice
preventing
surprises
revival
claims
allowed
slumber
evidence
lost
memories
faded
witnesses
disappeared
theory
even
one
claim
unjust
put
adversary
notice
defend
within
period
limitation
right
free
stale
claims
time
comes
prevail
right
prosecute
order
railroad
telegraphers
railway
express
agency
moreover
courts
relieved
burden
trying
stale
claims
plaintiff
slept
rights
policy
repose
designed
protect
defendants
frequently
outweighed
however
interests
justice
require
vindication
plaintiff
rights
thus
held
fela
action
barred
though
brought
three
years
cause
action
accrued
defendant
misled
plaintiff
believing
three
years
bring
action
glus
brooklyn
eastern
terminal
supra
moreover
held
fela
limitation
provision
tolled
war
prevented
plaintiff
bringing
suit
even
though
defendant
case
might
know
plaintiff
disability
might
believe
statute
limitations
renders
immune
suit
see
osbourne
supra
frabutt
new
york
supra
cases
plaintiff
slept
rights
rather
prevented
asserting
considerations
favor
tolling
federal
statute
limitations
case
similar
leading
extension
limitation
period
cases
mentioned
petitioner
sleep
rights
brought
action
within
statutory
period
state
competent
jurisdiction
service
process
made
upon
respondent
notifying
petitioner
asserting
cause
action
venue
improper
state
ohio
law
venue
objections
may
waived
defendant
evidently
past
cases
defendant
railroads
including
respondent
waived
objections
venue
suits
nonresidents
ohio
proceed
state
courts
petitioner
failed
file
fela
action
federal
courts
disinterested
solely
felt
state
action
sufficient
respondent
relied
upon
policy
repose
embodied
limitation
statute
aware
petitioner
actively
pursuing
fela
remedy
fact
respondent
appeared
specially
ohio
file
motion
dismissal
grounds
improper
venue
federal
state
jurisdictions
recognized
unfairness
barring
plaintiff
action
solely
prior
timely
action
dismissed
improper
venue
applicable
statute
limitations
run
federal
state
systems
justice
rules
devised
prevent
happening
thus
federal
statute
allows
district
district
filed
case
laying
venue
wrong
division
district
interest
justice
transfer
case
district
division
brought
congress
thereby
recognized
filing
lawsuit
shows
proper
diligence
part
plaintiff
statutes
limitation
intended
insure
reason
uncertainties
proper
venue
mistake
made
interest
justice
may
require
complaint
transferred
order
plaintiff
penalized
technicalities
goldlawr
heiman
petitioner
case
instituted
suit
federal
venue
improper
case
simply
transferred
proper
venue
statute
limitations
barred
action
developed
two
methods
preserving
causes
action
otherwise
barred
passing
limitation
period
plaintiff
brought
action
improper
venue
first
method
analogous
congressional
statute
permits
transfer
within
state
improper
venue
one
venue
proper
held
timely
fela
action
brought
state
without
proper
venue
service
process
issues
statute
limitations
bar
action
later
transferred
proper
state
limitation
period
run
herb
pitcairn
supra
thus
venue
petitioner
action
proper
county
ohio
ohio
chose
preserve
improper
venue
actions
means
transfer
statute
petitioner
action
barred
statute
limitations
second
method
used
many
preserve
actions
brought
venue
improper
saving
statute
statute
specifically
gives
plaintiff
whose
timely
action
dismissed
procedural
reasons
improper
venue
specified
time
bring
second
action
ohio
statute
ohio
rev
code
petitioner
action
one
arising
ohio
law
additional
year
file
action
proper
state
causes
action
brought
venue
improper
preserved
one
two
methods
factors
point
conclusion
congress
intend
statute
limitations
bar
plaintiff
brings
timely
fela
action
state
competent
jurisdiction
serves
defendant
process
whose
action
later
dismissed
improper
venue
mean
accept
petitioner
argument
federal
limitation
provision
incorporates
ohio
saving
statute
allow
limitation
provision
incorporate
state
saving
statutes
produce
nonuniform
periods
limitation
several
scope
statutes
length
additional
time
allow
vary
considerably
state
state
moreover
saving
statutes
long
recognized
fela
uniform
operation
neither
deflected
therefrom
local
statutes
panama
johnson
second
employers
liability
cases
also
specifically
held
period
time
within
action
may
commenced
material
element
uniformity
operation
congress
wish
destroyed
varying
provisions
state
statutes
limitation
engel
davenport
incorporation
variant
state
saving
statutes
defeat
aim
federal
limitation
provision
designed
produce
national
uniformity
hand
accept
respondent
argument
limitation
provision
tolled
circumstances
present
even
greater
violence
policies
underlying
limitation
provision
act
produce
substantial
nonuniformity
creating
procedural
anomaly
plaintiff
brings
timely
fela
action
federal
venue
improper
barred
subsequent
running
limitation
period
plaintiff
brings
timely
fela
action
state
venue
improper
barred
subsequent
running
limitation
period
provided
state
transfer
statute
venue
proper
elsewhere
state
herb
pitcairn
supra
however
similar
plaintiff
state
barred
actions
running
limitation
period
state
relies
upon
saving
statute
rather
transfer
statute
preserve
similar
state
actions
thus
effect
nonuniform
limitation
provision
produced
yet
pointed
major
reason
federal
limitation
provision
achieve
national
uniformity
engel
davenport
supra
moreover
accept
respondent
position
discourage
fela
actions
courts
certain
yet
congress
providing
concurrent
state
federal
jurisdiction
prohibiting
removal
fela
cases
federal
courts
sought
protect
plaintiff
right
bring
fela
action
state
see
great
northern
alexander
cf
gibson
venue
clause
transportation
lawsuits
law
contemp
prob
pointed
congress
made
clear
various
procedural
statutes
desire
prevent
timely
actions
brought
courts
improper
venue
merely
limitation
period
expired
action
improper
finally
humanitarian
purpose
fela
makes
clear
congress
wish
plaintiff
deprived
rights
policy
underlying
statute
limitations
served
considerations
thus
lead
us
conclude
plaintiff
begins
timely
fela
action
state
jurisdiction
serves
defendant
process
plaintiff
case
dismissed
improper
venue
fela
limitation
tolled
pendency
state
suit
believe
interests
uniformity
embodied
act
best
served
holding
rule
tolling
statute
applies
regardless
whether
state
saving
statute
hold
familiar
principles
applied
statutes
limitations
limitation
provision
tolled
state
order
dismissing
state
action
becomes
final
running
time
appeal
may
taken
entry
final
judgment
appeal
rule
produces
minor
nonuniformity
since
time
allowed
taking
appeal
adopt
state
saving
statutes
far
less
uniform
period
saved
statutes
varies
widely
among
saving
statutes
similarly
toll
federal
statute
reasonable
time
state
orders
plaintiff
action
dismissed
create
uncertainty
exactly
limitation
period
begins
run
uncertainty
compounded
applying
equitable
doctrine
laches
federal
lawsuit
brought
dismissal
state
action
whether
laches
bars
action
given
case
depends
upon
circumstances
case
question
primarily
addressed
discretion
trial
gardner
panama
apply
variance
policies
certainty
uniformity
underlying
statute
limitations
conclude
uniform
rule
tolling
federal
statute
period
pendency
state
action
state
dismissal
order
becomes
final
fair
plaintiff
defendant
carries
purposes
fela
best
serves
policies
uniformity
certainty
underlying
federal
limitation
provision
applying
principles
present
case
since
petitioner
brought
timely
suit
ohio
served
defendant
process
finding
state
action
dismissed
improper
venue
filed
suit
federal
district
eight
days
ohio
dismissed
action
time
appealing
ohio
order
expired
federal
action
timely
appeals
decision
affirming
district
dismissal
petitioner
action
therefore
reversed
case
remanded
proceedings
consistent
opinion
reversed
remanded
footnotes
distinction
substantive
procedural
statutes
limitations
appears
arisen
cases
involving
conflicts
laws
see
harrisburg
davis
mills
restatement
law
conflict
laws
embodiment
limitation
provision
statute
creating
right
modifies
might
conceivably
indicate
legislative
intent
right
limitation
applied
together
right
sued
upon
foreign
forum
fact
right
limitation
written
statute
indicate
legislative
intent
whether
statute
limitations
tolled
thus
substantive
procedural
distinction
seem
little
help
deciding
questions
extending
limitation
period
see
glus
brooklyn
eastern
terminal
developments
law
statutes
limitations
harv
rev
note
yale
see
rogers
missouri
pac
see
also
griffith
vindication
national
public
policy
federal
employers
liability
act
law
contemp
prob
see
act
limitation
proviso
hen
forasmuch
time
limitation
appointed
suing
extend
far
long
time
past
remembrance
living
man
truly
try
know
perfect
certainty
things
hath
shall
come
trial
great
danger
mens
consciences
shall
impanelled
jury
trial
skelly
jefferson
state
bank
ohio
ohio
southern
morey
ohio
provisions
ohio
rev
code
venue
suit
injuries
person
property
railroad
proper
county
cause
action
arose
plaintiff
resides
thus
venue
action
resident
foreign
state
railroad
arising
accident
outside
state
proper
anywhere
within
ohio
railroads
agree
venue
ohio
state
case
however
evidently
agreed
told
oral
argument
cases
found
involve
accidents
occurring
plaintiffs
reside
outside
county
suit
brought
see
woodworth
new
york
central
ohio
numerous
cases
hold
dismissal
action
improper
venue
terminate
rights
without
hearing
merits
plaintiff
action
barred
statute
limitations
interest
justice
requires
cause
transferred
see
gold
griffith
supp
ind
dennis
galvanek
supp
schultz
mcafee
supp
statutes
appear
relevant
alaska
stat
rev
stat
deering
cal
code
civ
proc
ann
rules
civ
rule
stat
stat
idaho
code
ann
stat
burns
ind
ann
stat
code
civ
proc
ann
mass
laws
ann
stat
ann
stat
ann
miss
code
mont
rev
codes
rev
stat
rev
stat
ann
rules
rev
mckinney
civ
prac
law
rules
stat
century
code
rev
stat
code
code
vernon
tex
rules
civ
rule
utah
code
ann
code
rev
code
code
stat
wyo
stat
civ
proc
code
saving
statutes
appear
relevant
alaska
stat
one
year
ark
stat
one
year
stat
one
year
del
code
ann
tit
one
year
code
ann
six
months
ann
stat
one
year
burns
ind
ann
stat
five
years
iowa
code
ann
six
months
code
civ
proc
ann
six
months
rev
stat
days
slovenko
la
civ
code
art
complete
tolling
rev
stat
six
months
mass
laws
ann
one
year
stat
ann
days
miss
code
one
year
mont
rev
codes
one
year
rev
stat
ann
one
year
stat
six
months
mckinney
civ
prac
law
rules
six
months
stat
one
year
ohio
rev
code
one
year
stat
tit
one
year
rev
stat
one
year
laws
one
year
code
ann
one
year
vernon
tex
civ
stat
tit
art
days
utah
code
ann
one
year
stat
ann
tit
one
year
code
one
year
code
one
year
wyo
stat
one
year
see
notes
supra
note
infra
additional
year
allowed
six
months
six
days
two
days
one
state
five
years
one
state
one
state
imposes
definite
limitation
upon
additional
time
allowed
see
note
supra
nineteen
appear
applicable
saving
statute
alabama
hawaii
maryland
missouri
nebraska
pennsylvania
appear
neither
saving
transfer
statute
true
lack
transfer
statutes
saving
statutes
six
see
notes
supra
cf
clayton
act
amended
stat
ed
electric
theater
twentieth
film
supp
mo
subversive
activities
control
act
stat
ed
justice
douglas
justice
black
joins
concurring
federal
question
presented
whether
action
timely
started
state
timely
started
filing
date
federal
governs
commenced
within
three
years
day
cause
action
accrued
within
meaning
think
commenced
much
action
herb
pitcairn
reaching
conclusion
find
necessary
rely
fact
petitioner
filed
federal
time
appealing
ohio
order
expired
ante
page
instead
rest
simply
ground
process
adequate
bring
parties
start
case
course
judicial
handling
may
lead
final
judgment
without
issuance
new
initial
process
enough
commence
action
within
federal
statute
emphasis
supplied
see
herb
pitcairn
dissenting
opinion
black
setting
forth
requirements
commencing
fela
action
within
meaning
bona
fide
effort
prosecute
claim
jurisdiction
resulting
notice
defendant
dismissal
plaintiff
delays
inexcusably
refiling
suit
proper
defendant
prejudiced
delay
action
course
barred
laches
gardner
panama
familiar
equitable
doctrine
provides
defendant
adequate
protection
delay
rejects
established
doctrine
however
creating
new
statute
limitations
makes
timeliness
federal
cause
action
depend
state
time
requirements
adopted
unrelated
purposes
vary
state
state
federal
rule
laches
contrast
uncomplicated
uniform
directly
responsive
problem
laches
course
application
instant
case
petitioner
filed
federal
eight
days
state
action
dismissed