SCARBOROUGH v. ATLANTIC COAST LINE R. CO.

No. 6260.

190 F.2d 935 (1951)

SCARBOROUGH v. ATLANTIC COAST LINE R. CO.

United States Court of Appeals Fourth Circuit.

Decided August 9, 1951.


Attorney(s) appearing for the Case

George E. Allen, Richmond, Va., (Allen, Allen, Allen & Allen, L. Cutler May and May, Simpkins, Young & Rudd, all of Richmond, Va., on brief), for appellant.

John S. Davenport, III, Richmond, Va., (J. M. Townsend, Petersburg, Va., Howard C. Vick, and Denny, Valentine & Davenport, all of Richmond, Va., on brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.


DOBIE, Circuit Judge.

This case is before us for the second time. At the first trial the District Court sustained defendant's motion to dismiss under the applicable statute of limitations. Upon appeal, we held that the statute of limitations could be tolled by the misrepresentations made by the Claims Agent of defendant, who informed plaintiff and his father that, under the statute of limitations, plaintiff, an infant, could bring suit at any time within three years...

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