RODMAN, Justice.
Plaintiff asserts her right to maintain this action on two distinct theories:
First. She says this action is not one for a negligent injury barred at the expiration of three years from the date of the injury, G.S. § 1-52, subd. 5, but is an action based on fraud, governed by G.S. § 1-52, subd. 9 which fixes the date on which the statute starts to run not as the day of the injury but the day when the fraud was discovered.
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