Citation Codes Equivalent Citations citation codes Docket Number 11486 Attorney(S) Mr. J. Harry Foster, for the appellant, cites: Statute of Limitation: 80 S.C. 223. Responsibility of a carrier for acts of its physician, an employee: 100 S.C. 98; 139 S.W., Rep., 771; 50 Am. St. Rep., 314; 28 Am. St. Rep., 556; Thompson on Negligence, Sec. 3843; 60 Fed. Rep., 365; 45 Am. St. Rep., 767; 1 Am. St. Rep., 815. Messrs. McDonald McDonald and Frank G. Tompkins, for respondent, cite: Precedence of the Federal Employers' Liability Act over State Laws: 223 U.S. 1; 18 R.C.L., 841-42; 223 Fed., 448; 260 Fed., 874; 232 U.S. 248; 231 Fed., 591; 228 U.S. 702; 234 U.S. 86; 98 S.C. 197. Time limitation of the Federal Employers' Liability Act a part of the right of action rather than the remedy: 160 N.W., 424; 167 N.Y. Supp., 177; 96 S.E., 640; 241 Fed., 395; 40 App. Cas. (D.C.), 391. Necessity of pleading limitation of two years: 239 U.S. 199. Non-liability of corporation to supply medical aid to injured employee: 18 R.C.L., 506-508; Case note; 21 R. C.L., 873; Case note 8 Am. L.R., 515; 95 Tenn., 713; 1 Nott. McC., 452; 108 S.C. 266; 100 S.C. 96. Competency of physician: 36 L.R.A. (N.S.), 50, Damage for malpractice: 50 Am. R., 601; 104 Am. St. Rep., 218; 107 S.C. 200; 69 Am. St. Rep., 906; Note 36 Am. St. Rep., 807-861. Demurrer: 28 S.C. 388; 33 S.C. 216; 34 S.C. 62; 104 S.C. 323; 111 S.C. 394; 110 S.E., 837. See more information ... Smart Summary Please sign up to generate summary. HARDIN v. SOUTHERN RWY. CO. April 22, 1924. MR. JUSTICE COTHRAN delivered the opinion of the Court. The Circuit Judge was in error in holding that the plaintiff's cause of action was barred under the Federal Employers' Liability Act, because it was not brought within two years after the alleged cause of action accrued. It does not appear, upon the face of the complaint, that both the employee and the railroad company were engaged in interstate commerce at the time of the alleged injury, fact essential to the application of that Act. If it had so appeared, the conclusion would have been correct. The other grounds of the demurrer were properly sustained, for the reasons stated by the Circuit Judge in his order, which is accordingly affirmed. MESSRS. JUSTICES WATTS, FRASER and MARION concur. MR. CHIEF JUSTICE GARY did not participate.