Balsinger v. Gass

The question presented for decision in this case is whether or not the action is saved from the bar of the statute of limitations by virtue of the provisions of T.C.A. sec. 28-106. The Trial Judge and the Court of Appeals held the action was barred. We have granted certiorari and heard oral argument.

This is a tort action for personal injuries. The accident occurred June 13, 1961. The plaintiff filed his first action on September 20, 1961. He took a voluntary nonsuit in that ease on November 21,1961. He filed a second suit on the same cause of action on January 20, 1962, which was, of course,…