Lewis v. Shaver

The evidence considered in the light most favorable to plaintiff is sufficient to make out a prima facie case of technical assault or trespass upon the person of plaintiff. Therefore, the one question posed for decision is this: Is plaintiff’s cause of action barred by the one-year, G.S. 1-54 (8), or the three-year, G.S. 1-52 (5) statute of limitations ? We are constrained to answer in the affirmative.

The defendant demurred for that it appears upon the face of the complaint that plaintiff’s alleged cause of action is barred by the one-year and the three-year statutes of limitations. The…