PER CURIAM:
Emmett Lee Miller, plaintiff-appellant, sued the Chemstrand Corporation, defendant-appellee, to recover damages arising from his employment by the defendant, The Chemstrand Corporation. The complaint was predicated on four causes of action: 1) negligent failure of the defendant to use due care to furnish and provide plaintiff with a reasonably safe place in which to work resulting in injury and disability of the plaintiff when he contracted toxic hepatitis; 2) damages resulting from the breach by the defendant of a promise to pay medical expenses; 3) damages for breach by the defendant of an agreement to provide the plaintiff with employment, income, and to maintain his seniority; 4) damages resulting from breach by the defendant of an oral agreement to provide the plaintiff with a reasonably safe place in which to work and to perform his duties. In answer, the defendant pleaded, among other defenses, the Alabama one year statute of limitation. Plaintiff denied the applicability of the one year statute of limitation, further claiming that, if applicable, the defendant was estopped to plead the one year statute of limitation.
Upon oral motion of the defendant, after the plaintiff had rested his case, the district court directed a verdict for the defendant and entered judgment thereon.
This is a diversity case and we are bound by State law. The case turned upon the application of the Alabama one year statute of limitation, which was properly pleaded by the defendant. The plaintiff claimed that the defendant was guilty of fraud and therefore estopped to plead the statute of limitation.
We are of the opinion that plaintiff's cause of action was barred by the Alabama one year statute of limitation and that the testimony offered by the plaintiff does not raise the issue of fraud.
The trial judge in his opinion and order denying plaintiff's motion for new trial, which is set out in full in the footnotes, reviews the matters in contention before us fully and correctly. The judgment of the district court is therefore affirmed.
The plaintiff has filed a motion to set aside judgment and for a new trial in this cause, which motion was heard on Thursday, May 16, 1963. Since that date the Court Reporter has transcribed the testimony of the plaintiff Miller, which is the only part of the evidence relevant to the issues presented by the motion.
At the conclusion of the plaintiff's testimony, upon the oral motion of the defendant, the Court directed a verdict for the defendant.
One of the defenses asserted herein was the Alabama statute of limitations of one year. The case was tried before the jury on the second amended Count I, filed February 3, 1962, and on amended Counts II, III and IV, filed on January 3, 1962. The significant dates involved are as follows: Plaintiff last worked for the defendant on the 5th day of October, 1959. He was medically terminated on the 2nd day of November, 1960, effective November 9, 1960. He filed suit on November 2, 1961. Plaintiff seeks to avoid the bar of the one-year statute of limitations, based upon what he terms "an agreement" more particularly shown from the quotations from the testimony hereinafter set out. On direct examination, plaintiff testified as follows:
"Q Now, when did you first become aware of the fact, Mr. Miller, that you were developing or had toxic hepatitis, or hepatitis?
"A I believe the latter part of August.
"THE COURT: What year was that?
"A 1959.