Vanderbilt v. Atlantic Coast Line Railroad

This action was commenced by the issuance of summons on 19 May, 1921. It is admitted that the cause of action accrued on 2 April, 1917. The statute of limitations, therefore, began to run on that date, and more than four years had expired before the action was commenced. The objection that the action was not commenced within the period prescribed by statute was duly taken in the answer. C. S., 404, 405.

The period of time prescribed by the statute of limitations in force in North Carolina, at the date when plaintiff’s cause 'of action accrued, and within which same must be commenced, was three…