Dubs ex rel. Dubs v. Northern Pacific Railway Co.

CuRTSTtANSON. J.

(concurring). I concur in the opinion prepared *176by Mr. Justice Jolmson. The personal injuries involved, in this action were sustained in July, 1912, but the action was not instituted until in April 1917, or nearly five years after the injuries were sustained. (The companion case, — instituted by the father to recover for the loss of service of his son and moneys expended in furnishing medical treatment, — was not instituted until June 17, 19IS.)

The first trial of this action was had in June, 1917, and resulted in a general verdict in favor of the plaintiff in the sum of $3,000.…