The opinion
*181 Hoke, C. J".,
dissenting: I am of opinion that the charter restrictions relied upon by the defendant in this suit were designed to affect the claimant’s right to maintain his action only in reference to the time during which same should be commenced, and do not and were not intended to establish any new or different rule as to the admeasurement of damages.
Assuming, as we must do in the present condition of the record, and as the opinion of the Court does, that plaintiff has established his cause of action within the time, I think the trial court has laid down the correct rule for ascertaining the quantum of damages, and that the judgment on the verdict should be affirmed.
ClaeksoN, J., concurs with Hoke, C. J., in dissent. •