Harvey v. Fussell

Motion by defendant Fussell (hereinafter called the defendant) for an order dismissing the complaint upon the ground that the cause of action therein alleged is barred by the Statute of Limitations (Rules Civ. Prac., rule 107, subd. 5).

The complaint alleges a cause of action for negligence in that on January 25,1954, after sunset, plaintiff’s car ran into defend*603ant’s truck which was allegedly parked without lights on the paved portion of a public highway, known as Sunrise Highway, in Valley Stream. At the time, defendant’s truck bore a North Carolina registration. This action was commenced by…