Hollinger v. Board of County Commissioners

The opinion of the court was delivered by

Mason, J.:

On July 5, 1922, the plaintiffs brought this action against Dickinson county, claiming damages because of a traction engine belonging to them having been injured by the collapse of a bridge on May 17, 1920. A demurrer to the petition was sustained upon the ground that the action was barred by the two-year statute of limitation, and the plaintiffs appeal.

The question involved is whether the period of limitation to be applied is three years, on the ground that the action is one “upon a liability created by statute, other than a forfeiture or…