Barlow v. Southern Cities Distributing Co.

TALIAFERRO, Judge.

This case was heretofore remanded by us’ to the district court for new trial as between plaintiff and Southern Cities Distributing Company, 146 So.- 357. The pleadings- and the evidence then in the record are summarized and discussed in that opinion. These will not again be commented on, except as may be necessary to this opinion.

Before the second trial below, the defendant filed a plea of prescription of one year in bar of plaintiff’s suit. It is alleged in this plea that the cause of action arose. January 12, 1930, and that plaintiff’s suit was filed January 9, 1931, but…