Plott v. Western North Carolina Railroad

65 N.C. 74

• Court: Supreme Court of North Carolina
• Decided: January 5, 1871
• Status: Published

Opinion

Eeade, J.

The plaintiff was not obliged to pursue the-remedy prescribed in the defendant’s charter to recover damages for the way over his land, to-wit: assessment by commissioners within two years from the time the road was located, because the defendant dispensed with it, and assured the plaintiff that it would be settled without. And the plaintiff may recover upon that special promise.

The promise was in the summer or fall, 1858, and the action was commenced in 1869, and the statute of limitations, three years, is pleaded. The plea cannot avail, because, on 11th May, 1861, before the lapse of three years from the promise, the Legislature passed an act suspending the statute of limitations, and a series of statutes since then have kept the statute of limitations suspended up to 1st January,. 1870. Johnson v. Winslow, 63 N. C. Rep. p. 552.

No error.

Pee Cdbiam. Judgment affirmed.