LEWIS v. SHAVER

No. 389.

73 S.E.2d 320 (1952)

236 N.C. 510

LEWIS v. SHAVER.

Supreme Court of North Carolina.

November 19, 1952.


Attorney(s) appearing for the Case

David H. Armstrong, Troy, for plaintiff appellant.

J. Laurence Jones and John H. Small, Charlotte, for defendant appellee.


BARNHILL, Justice.

The evidence considered in the light most favorable to plaintiff is sufficient to make out a prima facie case of technical assault or trespass upon the person of plaintiff. Therefore, the one question posed for decision is this: Is plaintiff's cause of action barred by the one-year, G. S. § 1-54, subd. 3, or the three-year, G.S. § 1-52, subd. 5, statute of limitations? We are constrained to answer in the affirmative.

The...

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