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4.
occurred prior to the period fixed by the statute, the mis-
chief or injuria did not ensue until within the designated
time prior to commencement of the action?
(2) Although the tortious acts occurred prior to
the period fixed by the statute, the party seeking recovery
did not become aware either of the original wrongful act or
its subsequent injurious result until within the period of
two years preceding commencement of the action?
(3) Whether the operation of the statute of
limitations was postponed by actual or constructive fraud on
defendant's part, either-
(a) By falsely holding out that her employment
and the substances used therein were safe (suggestio falsi);
(b) By failing to warn her of risk or actual
danger known to defendant, or imputable to it, or assuming
knowledge in these regards when actually ignorant thereof
(suppressio veri) ; or
(c) By employing a dangerous agency, by which
defendant became charged with all its natural consequences.
Upon each of the grounds referred to above,
plaintiffs contend that this action is not barred by the
statute of limitations.
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Document data
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- 75726225
- Core
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- Type
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Context sent to Scholar
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"ocrText": "4.\noccurred prior to the period fixed by the statute, the mis-\nchief or injuria did not ensue until within the designated\ntime prior to commencement of the action?\n(2) Although the tortious acts occurred prior to\nthe period fixed by the statute, the party seeking recovery\ndid not become aware either of the original wrongful act or\nits subsequent injurious result until within the period of\ntwo years preceding commencement of the action?\n(3) Whether the operation of the statute of\nlimitations was postponed by actual or constructive fraud on\ndefendant's part, either-\n(a) By falsely holding out that her employment\nand the substances used therein were safe (suggestio falsi);\n(b) By failing to warn her of risk or actual\ndanger known to defendant, or imputable to it, or assuming\nknowledge in these regards when actually ignorant thereof\n(suppressio veri) ; or\n(c) By employing a dangerous agency, by which\ndefendant became charged with all its natural consequences.\nUpon each of the grounds referred to above,\nplaintiffs contend that this action is not barred by the\nstatute of limitations."
}