Sage v. Boyd

Berry, Judge:

This is a certified case from the Circuit Court of McDowell County, having been certified to this Court by the Circuit Court on its own motion on the sufficiency of a special plea filed by the defendant setting up the statute of limitations to the plaintiff’s cause of action.

The cause of action involved in this case arose out of an automobile accident which occurred in the City of Welch, McDowell County, on June 28, 1958. On June 11, 1959, the plaintiff, Betty Joyce Sage, instituted an action of trespass on the case against David Douglas as defendant. Process was returnable to…