Meeks v. Southern Pacific R. R.

Citations

• 61 Cal. 149
• 1882 Cal. LEXIS 568

Syllabus

<p>Statute of Limitations—Amendment to Complaint—Variance.—The original complaint alleged that by reason of injuries inflicted upon the plaintiff’s son by the defendant the plaintiff had been compelled to pay certain sums of money for surgical and medical attention, etc., amounting in the aggregate to three hundred and sixty-nine dollars. The complaint, more than four years after the cause of action accrued, was amended so as to allege that the plaintiff paid a portion of the said amount and incurred liability for the balance prior to the beginning of the suit.</p> <p>Held: The cause of action to recover the sum for which the plaintiff had become liable, but which he had not paid, was barred by the statute of limitations.</p>