POORE v. NORFOLK-SOUTHERN RAILWAY

No. 762SC167.

226 S.E.2d 170 (1976)

30 N.C. App. 104

Fred L. POORE and wife, Edna S. Poore v. NORFOLK-SOUTHERN RAILWAY.

Court of Appeals of North Carolina.

July 7, 1976.


Attorney(s) appearing for the Case

Wilkinson & Vosburgh by John A. Wilkinson, Washington, for plaintiffs-appellants.

Rodman, Rodman & Holscher by Edward N. Rodman, Washington, for defendant-appellee.


ARNOLD, Judge.

Defendant sufficiently alleged the statute of limitations as a bar to plaintiffs' cause of action. The directed verdict for defendant was based, in part, on the grounds "that the plaintiffs' evidence, taken in the light most favorable to them, fails to repel the bar of the Statutes of Limitation, G.S. 1-52 and/or G.S. 1-51, pleaded by the defendant in its answer, . . ."

When defendant pleaded the statute of limitations the burden was placed...

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