Gibson v. Kelley

Decision Date01 October 1953
Docket NumberNo. 34778,No. 1,34778,1
Citation78 S.E.2d 76,88 Ga.App. 817
CourtGeorgia Court of Appeals
PartiesGIBSON v. KELLEY

Guy Parker, Harold Sheats, Atlanta, for plaintiff in error.

Ferdinand Buckley, Marshall, Greene, Baird & Neely, Atlanta, for defendant in error.

Syllabus Opinion by the Court

SUTTON, Chief Justice.

Following the rule for computing time laid down by the Supreme Court and this court in numerous decisions, an action brought on December 3, 1952, for damages for injuries to the person alleged to have been sustained on December 3, 1950, was barred by the statute of limitations, which requires such actions to be brought within two years after the right of action accrues, and said action was properly dismissed on demurrer. Code § 3-1004. For cases directly in point, see Peterson v. Georgia R. & Bkg. Co., 97 Ga. 798, 25 S.E. 370; Texas Co. v. Davis, 157 Ga. 538, 122 S.E. 62; Dowling v. Lester, 74 Ga.App. 290, 39 S.E.2d 576, and the authorities cited in said cases.

Judgment affirmed.

FELTON and WORRILL, JJ., concur.

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6 cases
  • Johansson v. Towson
    • United States
    • U.S. District Court — Middle District of Georgia
    • February 17, 1959
    ...was erroneous as a matter of law because, as just stated, they had to be filed not later than midnight of August 24. Gibson v. Kelley, 1953, 88 Ga.App. 817, 78 S.E.2d 76; Dowling v. Lester, 1946, 74 Ga.App. 290(1), 39 S.E.2d 576; Brown v. Emerson Brick Co., 1914, 15 Ga.App. 332, 333(2), 83 ......
  • Darling v. Jones, 34743
    • United States
    • Georgia Court of Appeals
    • October 1, 1953
  • Daniel v. American Optical Corp.
    • United States
    • Georgia Supreme Court
    • June 28, 1983
    ...1978, yet the complaint was not filed until May 21, 1981, more than two years after the cause of action accrued. See Gibson v. Kelley, 88 Ga.App. 817, 78 S.E.2d 76 (1953). Consequently, this complaint for damages for personal injury, brought under a theory of strict liability, was not timel......
  • Blue v. Maico
    • United States
    • U.S. District Court — Northern District of Georgia
    • May 23, 1963
    ...the statute of limitation which requires such actions to be brought within two years after the right of action accrues. Gibson v. Kelley, 88 Ga.App. 817, 78 S.E.2d 76; Peterson v. Georgia Railroad & Banking Company, 97 Ga. 798, 25 S.E. 370. Where the computation of time is to be made from a......
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