Marcum v. Richmond Auto Parts Co.

The action below under the former rules of procedure was for damages based upon the alleged negligence of one of defendant company’s employees. Defendant filed its answer in two paragraphs, the first of which was in substance a denial. The second paragraph of answer sought to interpose the two-year statute of limitations applicable to personal injury cases as a bar to plaintiff’s cause of action. Plaintiff filed his reply in which he asserted that the statute of limitations could not be successfully raised by defendant for the reason that defendant’s agents fraudulently induced him into not…