Atlantic Coast Line Railroad v. Burnette, 239 U.S. 199 (1915)

ERROR TO THE SUPREME COURT

OF THE STATE OF NORTH CAROLINA

Syllabus

It would be a miscarriage of justice to recover upon a statute not governing the case in a suit which the statute itself declared commenced too late to be maintained.

A right may be waived or lost by failure to assert it at a proper time. Burnet v. Desmornes, 226 U.S. 145.

Even though not pleaded, if defendant insists on the point that an action based on the Employers’ Liability Act of 1908 has been brought too late and the answer admits that fact, the action cannot be maintained.

Congress within its sphere is a paramount authority over the states, and courts cannot, where the will of Congress plainly appears, allow substantive rights to be impaired under the name of procedure.

163 N.C. 186 reversed.

The facts, which involve the validity of a judgment for personal injuries based on the Employers’ Liability Act of 1908, are stated in the opinion.