Harwood v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 101 Kan. 215
• 171 P. 354
• 1917 Kan. LEXIS 56

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Limitation op Actions — Employer’s Liability Act and Death Statute (Civil Code, §H9) Construed — Action for Death Barred After Two Years. The statute authorizing the maintenance of an action to recover damages where the death of one results from the wrongful act or omission of another, and which provides a limitation as to the time an action must be brought and as to the amount of recovery (Civ. Code, §419), was not repealed by the employers’ liability act (Laws .1911, ch.'239, Gen. Stat. 1915, §§ 8480-8485), and as the latter act contains no provisions limiting the time within which actions shall be brought under it to recover damages for death negligently and wrongfully caused, the limitation prescribed in the death statute governs; and where the action is not brought within two years after the cause of action, accrues It is barred.</p> <p>2. Same — Agreement Inducing Delay Will Not Stay Running of Statute. As the provision of the death statute referred to is a limitation, not only upon the remedy, but also upon the right, and as the right is lost if the action is not brought within the prescribed time, any representation or agreement of an agent of the defendant which may have induced delay will not estop the defendant from claiming the benefit of the limitation.</p>