Klein v. Wells

The opinion of the court was delivered by

Schroeder, J.:

This is a damage action for personal injuries sustained by Victor Klein (plaintiff-appellee) while unloading a truck owned by one of the defendants. The case was tried to a jury which returned a verdict for the plaintiff in the sum of $35,064.43, upon which judgment was entered, and appeal has been duly perfected.

Three questions are presented: (1) Whether the appellants were properly served with summons; (2) whether appellee’s action was barred under the provisions of G. S. 1959 Supp., 44-504; and (3) whether the district court erred in…