Commonwealth, Department of Highways v. Ratliff

PALMORE, Judge.

On February 25, 1958, a truck owned by appellee Ratliff and being driven by his employe, appellee Coleman, struck and damaged a highway bridge. Five years and one day later the state highway department filed this suit against them to recover the cost of repairs occasioned by the accident. It appeals from a judgment of dismissal entered pursuant to a plea of the 5-year statute of limitation, KRS 413.120 (4), which reads as follows:

“The following actions shall be commenced within five years after the cause of action accrued: * * * (4) An action for trespass on real or personal…