Bowman v. Lemon

Plaintiff pleaded a suspension of the statute of limitations. This was traversed by the defendant. The burden was on the plaintiff to show by a preponderance of all the evidence in the case that he was entitled to such suspension.

Is there any evidence in the record tending to show that the plaintiff was of unsound mind, within the meaning of the statute, at the time the cause of action accrued, and that when he did begin his action it was within one year from the removal of such claimed disability?

Actions for damages for assault and battery are barred within one year unless within the…