Oakley v. Texas Co.

The defendant did not demur to the complaint, but demurred to the reply as having failed to set forth facts sufficient, as against the plea of the statute of limitations, to show the action was instituted within the time limited.

The theory of the demurrer is that the complaint, though alleging the injury was due to defendant’s negligence, sets out a case of continuing trespass, and that under the statute, G.S. 1-52 (3), the action therefor must have been commenced “within three years from the original trespass, and not thereafter”; that the plaintiff has fixed November, 1948, as the first…