Poetz v. Sarah Mix & Delaware, Lackawanna & Western Railroad

The opinion of the court was delivered by

Aokeeson, J.

This is an action in tort to recover damages for personal injuries alleged to have been caused by defendants’ negligence. The main question presented for decision is whether such action was commenced within the two-year limitation period prescribed by the statute of limitations (R. S. 2:24-2).

The proofs disclose, without contradiction, that the accident occurred on July 16, 1947. Plaintiff at the time of the occurrence was engaged in his occupation as an employee of the Berger-Poetz Euel Company in Paterson. The complaint in this action was…