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MOORE v. ATLANTIC COAST LINE R. CO.

No. 206.

153 F.2d 782 (1946)

MOORE v. ATLANTIC COAST LINE R. CO.

Circuit Court of Appeals, Second Circuit.

February 21, 1946.

Attorney(s) appearing for the Case

Henry Hirschberg and J. R. Thompson, both of Newburgh, N. Y., for appellant.

Stewart & Shearer, of New York City (James J. Mennis, of New York City, of counsel), for appellee.

Before SWAN, CLARK and FRANK, Circuit Judges.

PER CURIAM.

This action was commenced more than one year after the death of the plaintiff's intestate. The one year limitation in the North Carolina statute, G.S. § 28-173, has been consistently construed as a condition precedent to maintenance of the right of action. Gulledge v. Seaboard Air Line R. Co., 147 N.C. 234, 60 S.E. 1134, 125 Am.St.Rep. 544, rehearing 148 N.C. 567, 62 S.E. 732; Neely v. Minus, 196 N.C. 345, 145 S.E. 771; Mathis v. Camp Mfg. Co., 204...

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