Union Pacific Railway Co. v. Wyler

Citations

• 158 U.S. 285
• 15 S. Ct. 877
• 39 L. Ed. 983
• 1895 U.S. LEXIS 2254

Syllabus

<p>In an action by an employé of a railroad company against tlie company, • based upon the general law of master, and servant, and brought to. recover'damages for an injury which had happened to the plaintiff in Kansap while on duty there, an amended petition which changes the nature of the claim, and bases it upon a statute of Kansas giving the employé in such a case a right of action against tlie company in clerogation.of the general law, is a departure in pleading, and sets up a new cause of action; and the statute of limitations as applied to such new cause of action treats the action as commenced when the amendment was incorporated into the pleadings, and. not as begun when the action itself was commenced.'</p> <p>This result is not in any way affected by the fact that the amended petition was filed by consent, as such consent covers only the right to file the amendment, but does not waive defences thereto when filed.</p>