Wixted v. Fletcher

On February 5, 1960, plaintiff instituted the present action to recover damages for personal injuries suffered on defendant’s premises, assertedly due to the latter’s negligence, on February 5, 1959. Defendant demurred to the complaint, claiming the bar of the action by the one-year statute of limitations (Code Civ. Proc., § 340, subd. 3). The demurrer was sustained with leave to amend; plaintiff having declined to amend, the trial court thereafter filed its order, upon defendant’s application, dismissing the action. On March 28, 1961, a motion to dismiss the present appeal on the ground that…