Whittington v. Davis

This was an action for personal injury plaintiff alleged he sustained in a collision with defendant’s automobile. The issue to be decided involves the statute of limitations. The facts in regard to the accident are unimportant.

The accident happened on August 20, 1950. Plain-. tiff’s complaint was filed within two years thereafter, but service of summons was not effected upon defendant until June 1, 1954. The plaintiff did not avail himself of the right to serve the Secretary of State (now Director of Motor Vehicles) as permitted by ORS 15.190. Instead, plaintiff waited until he could…