Atlantic Coast Line Railroad v. Burnette

In Atlantic Coast Line Railroad v. Burnette, 239 U.S. 199, 200, 36 S. Ct. 75, 76, 60 L. Ed. 226 (1915), the Supreme Court discusses this two-year provision imposed by said section 6, and says: "It would seem a miscarriage of justice if the plaintiff should recover upon a statute that did not govern the case, in a suit that the same act declared too late to be maintained. A right may be waived or lost by a failure to assert it at the proper time. " It was there held that, the action not having been brought within two years, it must fail in the courts of a state as well as in those of the United States.