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February 8, 1928.
E.F.S. -3-
stitution of suit, because the injury had continued and,
in fact, increased up to the time suit was instituted.
While I have not given this question considera-
tion, it does not seem to me that the views which he ex-
pressed are sound,
I am inclined to believe that the
latest date at which the cause of action arose is the
time when the injury occurred and that the continuance
of the injury has no more affect upon the Statute than
the continuance of any injury resulting from a tort.
I think it would be embarrassing for us to take
the position in the Court of Chancery that the Statute
had not run and later to take the exactly opposite posi-
tion in the law court.
I would be opposed, therefors,
to any efforts to terminate the Chancery proceeding on
the ground that the cause of action was not barred by the
Statute.
It seems to me that the only chance which we
have to secure a determination of the jurisdictional
question in our favor is to obtain from Mr. Berry a state-
ment of facts which will not support the claim that the
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"ocrText": "February 8, 1928.\nE.F.S. -3-\nstitution of suit, because the injury had continued and,\nin fact, increased up to the time suit was instituted.\nWhile I have not given this question considera-\ntion, it does not seem to me that the views which he ex-\npressed are sound,\nI am inclined to believe that the\nlatest date at which the cause of action arose is the\ntime when the injury occurred and that the continuance\nof the injury has no more affect upon the Statute than\nthe continuance of any injury resulting from a tort.\nI think it would be embarrassing for us to take\nthe position in the Court of Chancery that the Statute\nhad not run and later to take the exactly opposite posi-\ntion in the law court.\nI would be opposed, therefors,\nto any efforts to terminate the Chancery proceeding on\nthe ground that the cause of action was not barred by the\nStatute.\nIt seems to me that the only chance which we\nhave to secure a determination of the jurisdictional\nquestion in our favor is to obtain from Mr. Berry a state-\nment of facts which will not support the claim that the"
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