La Floridienne v. Seaboard Air Line Railway

Citations

• 59 Fla. 196

Syllabus

<p>Statutory Construction—Statute Giving New Remedy Provided Same be Instituted Within Specified Time—The Time Thus Provided Enters Into and Becomes Part of the Right of Action Itself—Reviving Cause of Action Extinguished by Lapse of Time.</p> <p>1. Under the provisions of Section 2910, General Statutes of 1906, authorizing suits against railroad companies for violation of the rules, rates and regulations of the railroad commissioners, and providing that all suits.under this chapter shall be brought within twelve months after the commission of the alleged wrong or injury, the time thus limited is a condition precedent to the bringing of any such suit. Such limitation of time is not like an ordinary statute of limitation, affecting the remedy merely, but enters into and becomes a part of the right of action itself, and if allowed to elapse without the institution of the action, such right of action becomes extinguished and is forever gone.</p> <p>2. Chapter 5624, Laws of 1907, which undertook to amend said section 2910 of the General Statutes of 1906, so as to permit such suits to be brought within twelve months after the termination of suits brought by the railroad commission to enforce their rates, &c., does not and cannot have the effect of reviving a cause of action that accrued under the amended section of the statute and that had become extinguished by the lapse of time prior to the enactment of said amendatory statute.</p>