Glus v. Brooklyn Eastern District Terminal, No. 446

CourtUnited States Supreme Court
Writing for the CourtBLACK
Citation359 U.S. 231,79 S.Ct. 760,3 L.Ed.2d 770
PartiesMichael GLUS, Petitioner, v. BROOKLYN EASTERN DISTRICT TERMINAL
Docket NumberNo. 446
Decision Date20 April 1959

359 U.S. 231
79 S.Ct. 760
3 L.Ed.2d 770
Michael GLUS, Petitioner,

v.

BROOKLYN EASTERN DISTRICT TERMINAL.

No. 446.
Argued March 2, 1959.
Decided April 20, 1959.

Mr. Seymour Schwartz, New York City, for petitioner.

Mr. William C. Mattison, Brooklyn, N.Y., for respondent.

Mr. Justice BLACK delivered the opinion of the Court.

In 1957 petitioner brought this action under the Federal Employers' Liability Act to recover damages for an industrial disease he allegedly contracted in 1952 while working for respondent.1 Although § 6 of the Act provides that 'No action shall be maintained under this chapter unless commenced within three years from the day the cause of action accrued,' petitioner claimed that respondent was estopped from raising this limitation because it had

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induced the delay by representing to petitioner that he had seven years in which to sue. 2 Respondent contended tha while estoppel often prevents defendants from relying on statutes of limitations it can have no such effect in FELA cases for there the time limitation is an integral part of a new cause of action and that cause is irretrievably lost at the end of the statutory period. The District Court, after discussing two lines of cases 'in sharp conflict,' one supporting respondent3 and one supporting petitioner,4 concluded with apparent reluctance that it was required by prior decisions of the Court of Appeals for the Second Circuit to dismiss petitioner's suit.5 The Court of Appeals affirmed, saying 'For the reasons well stated by (the District Court) we should not attempt to retrace our footsteps now, but may well await resolution of the conflict by the Supreme Court.' 2 Cir., 253 F.2d 957, 958. Since the question is important and recurring we granted certiorari. 358 U.S. 814, 79 S.Ct. 76, 3 L.Ed.2d 57.

To decide the case we need look no further than the maxim that no man may take advantage of his own wrong. Deeply rooted in our jurisprudence this principle has been applied in many diverse classes of cases by both

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law and equity courts6 and has frequently been employed to bar inequitable reliance on statutes of limitations.7 In Schroeder v. Young, 161 U.S. 334, 16 S.Ct. 512, 40 L.Ed. 721, this Court allowed a debtor to redeem property sold to satisfy a judgment, after the statutory time for redemption had expired although the statute granting the right to redeem also limited that right as to time.8 The Court held that the purchasers could not rely on the limitation because one of them had told the debtor 'that he would not be pushed, that the statutory time to redeem would not be insisted upon; and (the debtor) believed and relied upon such assurance.' The Court pointed out that in 'such circumstances the courts have held with great unanimity that the purchaser is estopped to insist upon the statutory period, notwithstanding the assurances were not in writing, and were made without consideration, upon the ground that the debtor was lulled into a false security.' 161 U.S. at page 344, 16 S.Ct. at page 516.9 As Mr. Justice Miller expressed it in Insur-

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ance Co. v. Wilkinson, 13 Wall. 222, 233, 20 L.Ed. 617, 'The principle is that where one party has by his representations or his conduct induced the other party to a transaction to give him an advantage which it would be against equity and good conscience for him to assert, he would not in a court of justice be permitted to avail himself of that advantage. And although the cases to which this principle is to be applied are not as well defined as could be wished, the general doctrine is well understood and is applied by courts of law as well as equity where the technical advantage thus obtained is set up and relied on to defeat the ends of justice or establish a dishonest claim.'

We have been shown nothing in the language or history of the Federal Employers' Liability Act to indicate that this principle of law, older than the country itself, was not to apply in suits arising under that statute.10 Nor has counsel made any convincing arguments which might lead us to make an exception to the doctrine of estoppel in this case. To be...

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453 practice notes
  • St. John's Univ. v. Bolton, No. 08–CV–5039 (NGG)(JMA).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • December 10, 2010
    ...Inc. v. Chiappa, 18 N.Y.2d 125, 127–28, 272 N.Y.S.2d 337, 219 N.E.2d 169 (1966) (quoting Glus v. Brooklyn Eastern District Terminal, 359 U.S. 231, 232–233, 79 S.Ct. 760, 3 L.Ed.2d 770 (1959)). A defendant who intentionally conceals facts forming the basis of a plaintiff's claims is no less ......
  • Chao v. Virginia Dept. of Transp., Civ. A. No. 3:00CV457.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • July 18, 2001
    ...Cir.1991). Equitable estoppel refers to "the maxim that no man may take advantage of his own wrong." Glus v. Brooklyn E. Dist. Terminal, 359 U.S. 231, 232, 79 S.Ct. 760, 3 L.Ed.2d 770 (1959). "`The principle is that where one party has by his representations or his conduct induced the other......
  • Bliek v. Palmer, No. C 93-4083.
    • United States
    • United States District Courts. 4th Circuit. Northern District of West Virginia
    • February 1, 1996
    ...of equitable estoppel is applicable to actions brought in federal courts at law and equity. See Glus v. Brooklyn E. Dist. Terminal, 359 U.S. 231, 232-33, 79 S.Ct. 760, 761-62, 3 L.Ed.2d 770 (1959); Smith v. City of Chicago Heights, 951 F.2d 834, 841 (7th Cir.1992); Cange v. Stotler and Co.,......
  • Morgan v. Rhodes, No. 71-1335.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • February 15, 1972
    ...See Jenkins v. McKeithen, 395 U.S. 411, 423-424, 89 S.Ct. 1843, 23 L.Ed.2d 404 (1969); Glus v. Brooklyn Eastern District Terminal, 359 U.S. 231, 79 S.Ct. 760, 3 L.Ed.2d 770 (1959); Taylor v. Kentucky State Bar Association, 424 F.2d 478, 480 (6th Cir. 1970)." Honey v. Goodman, 432 F.2d 333, ......
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452 cases
  • St. John's Univ. v. Bolton, No. 08–CV–5039 (NGG)(JMA).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • December 10, 2010
    ...Inc. v. Chiappa, 18 N.Y.2d 125, 127–28, 272 N.Y.S.2d 337, 219 N.E.2d 169 (1966) (quoting Glus v. Brooklyn Eastern District Terminal, 359 U.S. 231, 232–233, 79 S.Ct. 760, 3 L.Ed.2d 770 (1959)). A defendant who intentionally conceals facts forming the basis of a plaintiff's claims is no less ......
  • Chao v. Virginia Dept. of Transp., Civ. A. No. 3:00CV457.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • July 18, 2001
    ...Cir.1991). Equitable estoppel refers to "the maxim that no man may take advantage of his own wrong." Glus v. Brooklyn E. Dist. Terminal, 359 U.S. 231, 232, 79 S.Ct. 760, 3 L.Ed.2d 770 (1959). "`The principle is that where one party has by his representations or his conduct induced the other......
  • Bliek v. Palmer, No. C 93-4083.
    • United States
    • United States District Courts. 4th Circuit. Northern District of West Virginia
    • February 1, 1996
    ...of equitable estoppel is applicable to actions brought in federal courts at law and equity. See Glus v. Brooklyn E. Dist. Terminal, 359 U.S. 231, 232-33, 79 S.Ct. 760, 761-62, 3 L.Ed.2d 770 (1959); Smith v. City of Chicago Heights, 951 F.2d 834, 841 (7th Cir.1992); Cange v. Stotler and Co.,......
  • Morgan v. Rhodes, No. 71-1335.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • February 15, 1972
    ...See Jenkins v. McKeithen, 395 U.S. 411, 423-424, 89 S.Ct. 1843, 23 L.Ed.2d 404 (1969); Glus v. Brooklyn Eastern District Terminal, 359 U.S. 231, 79 S.Ct. 760, 3 L.Ed.2d 770 (1959); Taylor v. Kentucky State Bar Association, 424 F.2d 478, 480 (6th Cir. 1970)." Honey v. Goodman, 432 F.2d 333, ......
  • Request a trial to view additional results

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