Connor v. Schenck, 306
| Decision Date | 20 October 1954 |
| Docket Number | No. 306,306 |
| Court | North Carolina Supreme Court |
| Parties | Mrs. Oleen CONNOR v. Dr. Sam SCHENCK. |
C. B. Cash, Jr., Shelby, for plaintiff, appellant.
Jones & Small, John Small, Charlotte, and Horace Kennedy, Shelby, for defendant appellee.
Conceding, but not deciding, the plaintiff's evidence was sufficient for submission to the jury on the issue of defendant's negligence in 1942, we are confronted by the fact that plaintiff waited some eleven years before commencing this action; and careful consideration of plaintiff's evidence compels the conclusion that there is no evidence whatever of defendant's fraudulent concealment such as would constitute a basis of liability or such as would operate to toll the running of the statute of limitations. Hence, plaintiff's action is barred by the three-year statute; and we need not consider other grounds urged by defendant in support of the judgment of involuntary nonsuit.
Affirmed.
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Boyd v. FCA US LLC (In re Takata Airbag Prods. Liab. Litig.)
...fraudulent concealment tolling. See Friedland v. Gales , 131 N.C.App. 802, 509 S.E. 2d 793, 797 (1998) (citing Connor v. Schenck , 240 N.C. 794, 84 S.E. 2d 175 (1954) ; Stallings v. Gunter , 99 N.C.App. 710, 394 S.E. 2d 212 (990) ). For the reasons explained earlier and in previous orders, ......
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Cox v. Stanton
...Carolina has applied the three year statute of limitation. See Shearin v. Lloyd, 246 N.C. 363, 98 S.E.2d 508 (1957); Connor v. Schenck, 240 N.C. 794, 84 S.E.2d 175 (1954). It is the conclusion of this Court that the 3 year statute of limitations under § 1-52 is the appropriate one for statu......
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Jewell v. Price, 287
...accrued. Thurston Motor Lines, Inc. v. General Motors Corp., 258 N.C. 323, 128 S.E.2d 413; Shearin v. Lloyd, supra; Connor v. Schenck, 240 N.C. 794, 84 S.E.2d 175; Lewis v. Shaver, supra; Powers v. Trust Co., 219 N.C. 254, 13 S.E.2d 431; Bank of Spruce Pine v. McKinney, 209 N.C. 668, 184 S.......
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Friedland v. Gales
...Fraudulent concealment may also operate to toll the statute of limitations where all the elements may be shown. Connor v. Schenck, 240 N.C. 794, 84 S.E.2d 175 (1954); Stallings v. Gunter, 99 N.C.App. 710, 394 S.E.2d 212 (1990). Defendant points out, however, that he was under no pre-existin......