Murker v. Northern Pacific Railway Co.

Citations

• 95 Wash. 280
• 163 P. 756
• 1917 Wash. LEXIS 793

Syllabus

<p>Master, and Servant — Federal Employers’ Liability — Limitations — What Law Governs. Under U. S. Rev. Stats., § 721, providing that matters respecting procedure shall he governed hy the laws of the jurisdiction in which the action is brought, and section 6 of the employers’ liability act (35 Stat. 66; 4 Comp. St., § 8662), barring all actions under the act not commenced within two years after the cause of action arose, whether an action in the state courts was commenced by the service of a summons and complaint without filing the complaint must be determined by the laws of this state.</p> <p>Limitation oe Actions — Commencement oe Actions — Filing Complaint — Statutes. Under Rem. Code, § 167, providing in effect that “an action shall be deemed commenced when the complaint is filed,” an action is not commenced so as to toll the statute of limitations until the complaint is filed, notwithstanding that, for some purposes, it is deemed commenced at the time of the service of the summons and complaint.</p>