Gundershein v. Bradley-Mahony Coal Corp.

The question presented is whether the Statute of Limitations can serve as a bar to an infant’s action to recover damages for personal injuries commenced during infancy, but more than three years after the injuries were sustained, and where a judgment in a prior suit brought in behalf of the infant by the same guardian ad litem for the same injuries was entered dismissing the complaint for failure to diligently - prosecute the action.

The right of action of an infant to redress a wrong or enforce a right remains with the infant. Infancy does not incapacitate the infant from bringing the action…