HAYES v. WOODWORTH TRUCKING CO.

No. 6245.

353 So.2d 478 (1977)

Josiah C. HAYES, Jr., Plaintiff-Appellant, v. WOODWORTH TRUCKING COMPANY et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

December 20, 1977.


Attorney(s) appearing for the Case

Knight E. Doggett, Alexandria, for plaintiff-appellant.

Gist, Methvin & Trimble, James T. Trimble, Jr., Alexandria, Bolen, Halcomb & Erwin by James A. Bolen, Jr., Alexandria, for defendants-appellees.

Before WATSON, GUIDRY and FORET, JJ.


GUIDRY, Judge.

Plaintiff has appealed from a judgment sustaining an exception of prescription which resulted in the dismissal of his personal injury suit.

At trial of the exception the parties stipulated to the following facts. Plaintiff sustained personal injury by accident on January 31, 1976. On Friday, January 28, 1977, plaintiff's counsel mailed a petition for damages to the Clerk of Court of Allen Parish, Oberlin, Louisiana, in a properly stamped and...

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