Tierce v. United Gas Public Service Co.

DREW, Judge.

This is a compensation suit in which plaintiff alleged that he was injured in an accident on April 19, 1933. Suit was filed December 6, 1934, nineteen months and seventeen days after the date of the alleged accident. Defendant filed a plea of prescription of one year, which was sustained by the lower court, and plaintiff has appealed.

In Dodd v. Lakeview Motors, 149 So. 278, this court held that the burden of showing the interruption of prescription is on the plaintiff when on the face of the pleadings prescription has run. The year within which to file a suit for compensation…