Calhoun v. State Highway & Public Works Commission

Stacy, 0. J.

The principal matter debated on brief is whether the action was commenced within six months from the completion of the project as provided by C. S., 3846 (bb). The question was not mooted in the court below and there is nothing on the record to show whether the action was, or was not, brought within the requisite time. In this state of the record, it would seem that, with justice to all, the question might well be left undecided, as a new trial must be awarded for failure to give tbe special instruction requested by defendant. Tbis will afford botb sides equal opportunity to be…