Despeaux v. Pennsylvania R. Co.

DALLAS, Circuit Judge.

The asserted cause of action accrued more than six years before this suit was brought. This appears from the plaintiff’s statement of claim, which, however, especially avers that, owing to the “fraudulent concealment by the defendant” of the facts out of which his alleged right to recover arose, he was not able to and did not discover them until within two years of the date of this suit. With reference to this averment, this court, in overruling the defendant’s demurrer, said: “If the plaintiff proves the fraudulent concealment of facts set out in the statement, the…