Lewis v. Godwin Oil Company

The sole question presented on this appeal is: Was the cause of action alleged by plaintiffs barred by the three-years statute of limitations pleaded by defendant? We hold that it was.

The period prescribed for the commencement of this action is three years from the time the cause of action accrued. G.S. 1-52. Upon the plea of this statute the burden is on plaintiffs to show that they instituted their action within the prescribed period. Shearin v. Lloyd, 246 N.C. 363, 98 S.E. 2d 508.

The decision of the Supreme Court of North Carolina in Matthieu v. Gas Co., 269 N.C. 212, 152, S.E. 2d 336, is…