Sonbergh v. MacQuarrie

By his complaint of August 9, 1951, plaintiff sought recovery of damages for severe personal injuries which he alleged he sustained as result of an assault and battery made upon him on September 25, 1948, by defendant.

The latter interposed a general demurrer and moved for a judgment on the pleadings, on the ground that the action was barred by the statute of limitations, i.e., section 340(3) Code of Civil Procedure.

The demurrer was ordered off calendar and the motion was granted. Prom the judgment which followed, plaintiff appeals.

The complaint alleges that plaintiff was struck by defendant…