Tubman v. Olympia Oil Corp.

The action is to recover damages for pain and suffering and death said to have resulted from negligence on the part of the defendants. The decedent sustained his injuries on January 4, 1953 and died as a result thereof on August 6, 1953. The suit was instituted as against the defendant National Shipping and Trading Company, Inc,, on May 26, 1959. This defendant now moves, pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice, to dismiss the complaint upon the ground that the Statute of Limitations has run against the cause of action sued upon.

The action having been brought more…