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CART v. MARCUM

No. 21172.

423 S.E.2d 644 (1992)

188 W.Va. 241

Cecil W. CART, Appellant, v. Ked MARCUM, Avery Hager and David Scott Jefferson, Defendants Below, Ked Marcum and Avery Hager, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 12, 1992.

Attorney(s) appearing for the Case

J. William St. Clair, Huntington, for appellant.

David C. Ray, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, for appellee Ked Marcum.

R.R. Fredeking, II, Fredeking & Fredeking, Huntington, for appellee Avery Hager.

NEELY, Justice:

In this case we are asked to determine what circumstances toll the statute of limitations in a tort case because of lack of knowledge of the wrong by the plaintiff. Mr. Cart, the plaintiff below, filed his suit more than two years after an alleged conversion of his timber took place, but contends that the suit was filed within two years of the time he discovered the tort and who had committed it. Although we agree that under certain circumstances the...

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