Swainey v. Great Atlantic & Pacific Tea Co.

On 22 October, 1930, James Swainey, plaintiff’s intestate, about 16 years of age, while riding on bis bicycle on a street in the city of Asheville, N. C., was struck and fatally injured by an automobile which was owned by the defendant, The Great Atlantic and Pacific Tea Company, and driven by the defendant, B. M. Bealer, Jr., an employee of his codefendant. He died from his injuries on 25 October, 1930.

This action was begun on 27 June, 1932. It was not begun within one year from the date of the death of plaintiff’s intestate. The plaintiff, however, instituted an action in the General County…