Powell v. New York Central Railroad

This action set forth in the plaintiff’s petition was one for injuries allegedly occasioned by the defendant on November 11, 1955. November 11, 1957, was on a week day and was a Legal Holiday under Ohio law. The petition was filed and service had on the defendant on November 12, 1957. The defendant demurred to the petition “for the reason that it appeared on its face that the action was not brought within the time limited for the commencement of such actions.” The demurrer was sustained and this law appeal results.

The issue as stated by the appellant is, “If the statute of limitations tolls…