Bennett v. Western Union Telegraph Co.

68 S.E. 202, 152 N.C. 671, 1910 N.C. LEXIS 345

Opinion

Brown, J.

The defendant requested the court to instruct the jury that upon the allegations of the complaint and the plaintiff’s testimony, as well as all the evidence, the action is barred by the statute of limitations.

This question has been fully considered at this term upon petition to rehear the case of Volivar v. Richmond Cedar Works, ante, 656. The disposition of that case upon rehearing controls this.

The prayer for instruction should have been given and the jury directed to answer the fourth issue Yes.

Error. Reversed.