129 Iowa 626 | Iowa | 1906
The defendant’s answer consisted of a denial of the allegations of the petition and a plea of the statute of limitations; and the motion to direct a verdict in defendant’s favor was based upon the following grounds: (1) That no negligence had been shown on part of defendant, and it was affirmatively shown that plaintiff was guilty of negligence contributing to his own injury; and (2) that more than two years had elapsed after the alleged injury and before this action was begun. As the motion was sustained generally, we cannot- disturb the ruling, if the record is sufficient to sustain the ruling on either of the assigned grounds.
The accident is alleged to have occurred April 19, 1902, and it is therefore manifest that, to avoid the plea of the statute, action must have been begun within two years after that date. The abstract shows the petition to have been filed March 10, 1904, which was in due time, if
Such being the case, it is unnecessary to consider other matters discussed in argument.— Affirmed.