George Dedmon v. Falls Products Incorporated

If Title 7, Section 34, 1940 Code of Alabama were construed and applied literally, this action would not be barred by the one-year statute of limitations for personal injury actions prescribed by Title 7, Section 26. The early Alabama cases applied the statute exactly as written. For example, in Wright v. Strauss, Inc., 73 Ala. 227, it was said:

“The saving of the statute is confined in its terms to the personal absence from the State of the party sued or liable to suit. Code of 1876, § 3234. In this respect it differs from the statutes of some of the other States, the savings of which do not…