Lowe v. Bailey

Bell, Presiding Judge.

Plaintiff brought an action for injuries to his person. The petition alleged the injuries occurred on September 16, 1961. The petition was filed on September 16, 1963.

Actions for injuries to the person shall be brought within two years after the right of action accrues. Code § 3-1004. The day of the injury must be counted in determining whether the action was brought within the period of limitation, and no fractions of days are recognized. Thus this action, commenced on September 16, 1963, based on an injury occurring on September 16, 1961, is barred by the statute.…