Peters v. Powell

This is a motion under rule 109 of the Buies of Civil Practice to strike out the defense contained in paragraph fourth of the answer on the ground that the same is insufficient in law. Said paragraph fourth alleged that the complaint was outlawed by reason of the Statute of Limitations as set forth in subdivision 1 of section 50 of the Civil Practice Act in that plaintiff’s complaint was not served within two years of the date of the accrual of the cause of action.

*510Briefly, the facts appear to be that one Felicia L. Peters was fatally injured in an automobile accident which occurred on June…