Bennett v. Western Union Telegraph Co., 152 N.C. 671 (1910)

May 27, 1910 · Supreme Court of North Carolina

152 N.C. 671

J. B. BENNETT v. WESTERN UNION TELEGRAPH COMPANY.

(Fied 27 May, 1910.)

Foreign Corporations — Process—Limitation of Actions — Plea.

Public-service corporations chartered in other States, but doing business in this State, upon whose agents service of proofs may be made, have the legal right to plead the statutes of limitation to the same extent and under the same conditions as citizens and corporations of this State. Volivar v. Cecla/r Worlcs, ante, 056, is decisive of this case.

Appeal from W. J. Adams, J., at Fall Term, 1909, of AnsoN.

Civil action for damages for personal injury, alleged in the complaint to have been received in Savannah, Georgia, in May, 1901. These issues were submitted:

1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer: Yes.

2. Did the plaintiff by his own negligence contribute to his injury, as alleged in the answer? Answer: No.

3. Did the plaintiff voluntarily assume the risk of the work he was doing at the time he was injured, as alleged in the answer? Answer: No.

4. Is the plaintiff’s cause of action barred by the statute of limitations? Answer: No.

■ 5. What damages, if any, is the plaintiff entitled to recover? Answer: $300.

From the judgment rendered, the defendant appealed.

Robinson & Caudle for plaintiff.

Tillett & Guthrie for defendant.

Brown, J.

The defendant requested the court to instruct the jury that upon the allegations of the complaint and the plaintiff’s testimony, as well as all the evidence, the action is barred by the statute of limitations.

This question has been fully considered at this term upon petition to rehear the case of Volivar v. Richmond Cedar Works, ante, 656. The disposition of that case upon rehearing controls this.

The prayer for instruction should have been given and the jury directed to answer the fourth issue Yes.

Error. Reversed.