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Davis v. Hill

Court of Appeals of Georgia
Mar 8, 1966
113 Ga. App. 280 (Ga. Ct. App. 1966)





Action for damages. Fulton Superior Court. Before Judge Pharr.

Pickett, Pickett, Ackerman, Shipley Norvell, for appellant.

Bryan, Carter, Ansley Smith, W. Colquitt Carter, for appellee.

1. An action brought November 24, 1964, to recover damages for an injury sustained November 24, 1962, is barred by the statute of limitation, Code § 3-1004; Jones v. Smith, 28 Ga. 41; Peterson v. Georgia R. c. Co., 97 Ga. 798 ( 25 S.E. 370). The running of the statute begins on the day the injury was suffered and without reference to the time of day or fractions of days. Dowling v. Lester, 74 Ga. App. 290 ( 39 S.E.2d 576).

2. Where the time prescribed for the doing of an act, including the bringing of an action, is to be computed by years or months, Sundays are not to be excluded. That the last day of the period falls on Sunday does not, therefore, prevent the bar of the statute. McLendon v. State, 14 Ga. App. 274 ( 80 S.E. 692); Brown v. Emerson Brick Co., 15 Ga. App. 332, 333 (3) ( 83 S.E. 160). There is stronger reason for applying this rule to a situation where the injury was suffered on a Sunday and holding, as we do here, that it does not toll the beginning of the running of the statute.

3. An allegation that plaintiff suffered great physical and mental pain and that he was physically and mentally incapacitated because thereof and unable to file any action during the entire week following the injury does not toll the running of the statute. Lowe v. Bailey, 112 Ga. App. 516 ( 145 S.E.2d 760).

The sustaining of the general demurrer on the ground that the action was barred must be

Affirmed. Bell, P. J., and Jordan, J., concur.


Summaries of

Davis v. Hill

Court of Appeals of Georgia
Mar 8, 1966
113 Ga. App. 280 (Ga. Ct. App. 1966)
Case details for

Davis v. Hill

Case Details

Full title:DAVIS v. HILL

Court:Court of Appeals of Georgia

Date published: Mar 8, 1966


113 Ga. App. 280 (Ga. Ct. App. 1966)
147 S.E.2d 868

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