STRIKER v. MARTINDALE

Calendar No. 47, Docket No. 50,347.

372 Mich. 578 (1964)

127 N.W.2d 306

STRIKER v. MARTINDALE.

Supreme Court of Michigan.

Decided April 6, 1964.


Attorney(s) appearing for the Case

Peter E. Bradt, for plaintiff.

James P. Mattimoe, for defendant.


DETHMERS, J.

This case presents a statute of limitations problem. On October 22, 1959, plaintiff and defendant were together hunting pheasants with shotguns. Defendant accidentally shot and injured plaintiff. He brought suit on June 22, 1962. Defendant moved, before trial and on the basis of the allegations in plaintiff's declaration, to dismiss on the ground that the alleged cause of action, if any, was for assault and battery and, therefore, barred by the 2-year...

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