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POETZ v. MIX

7 N.J. 436 (1951)

81 A.2d 741

EDWARD E. POETZ, PLAINTIFF-APPELLANT, v. SARAH MIX AND DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY, A CORPORATION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 18, 1951.

Attorney(s) appearing for the Case

Mr. Perry E. Belfatto argued the cause for the appellant.

Mr. Robert Shaw argued the cause for the respondent Sarah Mix (Messrs. Duggan, Shaw and Hughes, attorneys).

Mr. Donald R. Creighton argued the cause for the respondent Delaware, Lackawanna and Western Railroad Company; Mr. Allan W. Reusch on the brief.

The opinion of the court was delivered by ACKERSON, J.

This is an action in tort to recover damages for personal injuries alleged to have been caused by defendants' negligence. The main question presented for decision is whether such action was commenced within the two-year limitation period prescribed by the statute of limitations (R.S. 2:24-2).

The proofs disclose, without contradiction, that the accident occurred...

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