Piller

The action is brought upon the alleged negligence of defendant, whereby plaintiff suffered damage.

In the present case the liability accrued when the alleged collision occurred. The plaintiff could not extend the time for bringing the action by averring that he had not recovered from his injuries when the complaint was filed.

Sec. 339 of the Code of Civil Procedure prescribes two years *44 as the period within which must be commenced “ An action upon a contract, obligation, or liability, not founded upon an instrument in writing.” “ Liability ” has been defined: “ Eesponsibility, the state of one who is bound in law and justice to do something which may be enforced by action.” And Bouvier adds: “This liability may arise from contracts express or implied, or in consequence of torts committed.”

We are of opinion that the two years’ limitation found in the first clause of the first subdivision of sec. 339 is applicable to all actions at law not specifically mentioned in other portions of the statute. We say actions at law advisedly, since sec. 343 fixes the time within which certain bills in equity may be filed. In arriving at the intent of the law-makers, as expressed in the…