Cincotta v. DuPuy

The plaintiff seeks' in this action of tort to recover compensation for personal injuries and property damage alleged to have been caused on a public highway on February 2, 1934, by the negligent operation of an automobile driven by the defendant. The date of the writ was February 2, 1935. Among other defences it was pleaded in the answer that the cause of action did not accrue within one year before the suing out of the plaintiff’s writ. G. L. (Ter. Ed.) c. 260, § 4. The deputy sheriff who served the writ testified that he received the writ on February 23, 1935, “from his office for service…