Wyckoff v. Bennett

The opinion of the court was delivered by

Fatzer, J.:

This was an action for damages which plaintiff alleged she sustained as the result of a fall at an ice skating rink on February 1,1959. The jury returned a verdict in favor of the plaintiff, and the defendant has appealed.

The action was commenced against George Bennett, “an individual doing business as Lakeside Enterprises” on January 19, 1961, thirteen days before the statute of limitations had run. (G. S. 1949, 60-306, Third.) Service was obtained upon the individual defendant on January 21, 1961, and on February 17, 1961, some seventeen…