Osborne v. Southern Railway Co.

7 S.E.2d 500, 217 N.C. 263, 1940 N.C. LEXIS 216

• Court: Supreme Court of North Carolina
• Decided: March 6, 1940
• Status: Published

Opinion

Per Curiam.

This appeal presents no new question of law. Even though plaintiff may have instituted the original action within three years from the time of the accrual of his cause of action against defendant, and this action within one year from the date of judgment of non-suit in original action, the record as constituted on this appeal fails to show facts which would entitle him to maintain this action under the provisions of C. S., 415. Bradshaw v. Bank, 172 N. C., 632, 90 S. E., 789; Rankin v. Oates, 183 N. C., 517, 112 S. E., 32; Jackson v. Harvester Co., 188 N. C., 275, 124 S. E., 334; Young v. R. R., 189 N. C., 238, 126 S. E., 600; Southerland v. Crump, 199 N. C., 111, 153 S. E., 845.

Counsel for plaintiff in oral argument frankly so concede. Hence, it is unnecessary to consider other points discussed in brief filed.

Affirmed.