Brown v. Atlantic Coast Line Railroad

Action was begun 4 June, 1906, to recover damages for an assault committed 19 September, 1904. To rebut the plea of the statute of limitations [Revisal, sec. 397 (3)] the plaintiff relies upon evidence that the deceased attorney or claim agent of the defendant “orally requested plaintiff’s attorney not to bring suit — that he would give the matter his special attention and try to adjust it in some way,” * * * and that “the matter would be settled without suit being brought,” and later, in the summer of 1905, “requested plaintiff’s attorney not to bring suit — to leave, the matter open still…