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eBook details

• Title: Graf v. City Transit Company
• Author : 678. Supreme Court of Indiana No. 27
• Release Date : January 01, 1942
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

SHAKE, J. The appellant brought this action to recover the pecuniary loss sustained by him on account of injuries suffered by his wife and alleged to have been caused by the negligence of the appellee. The appellee demurred on the specific ground that the complaint disclosed that the action was not commenced within 2 years after it accrued and that it was, therefore, barred by the statute of limitations. The trial court sustained the demurrer, and the appellant refused to plead further and suffered judgment to go against him. The ruling on the demurrer constitutes the only assigned error. The appellee relies on § 38, ch. 38, Acts 1881 (Spec. Sess.), § 2-602, Burns' 1933, § 61, Baldwin's 1934, as construed by this court in Mullen v. Town of Newcastle (1913), 180 Ind. 386, 387, 103 N.E. 1. The statute referred to provides that actions ""for injuries to person"" shall be commenced within 2 years after they accrue and not afterward. In the Mullen case it was held that an action like the case at bar was ""grounded on the alleged negligent injury to the person of the wife, and was barred by the same limitation applicable to an action by her.""

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