Safeway Stores, Inc. v. Wilson

The opinion of the court was delivered by

Parker, C. J.:

This was an action to recover damages resulting from a motor vehicle collision. The plaintiff recovered and the defendants appeal.

The controlling question on appellate review is whether the appellants were estopped from asserting the statute of ■ limitations (G. S. 1949, 60-306, Third) as a defense. For that reason the pleadings are not involved and require no attention. However, a detailed statement of the facts, which were stipulated, will be necessary.

The appellant, Donald L. Wilson, is a truck operator holding a private carrier permit…