Barnett v. Louisville and Nashville Railroad Company, 18484.
| Citation | 407 F.2d 1333 |
| Decision Date | 18 March 1969 |
| Docket Number | No. 18484.,18484. |
| Parties | Homer T. BARNETT, Plaintiff-Appellant, v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Homer T. Barnett, in pro. per.
Joseph E. Stopher, Louisville, Ky., A. J. Deindoerfer, Boehl, Stopher, Graves & Deindoerfer, Louisville, Ky., Marvin D. Jones, Louisville, Ky., on brief, for appellee.
Before WEICK, Chief Judge, and EDWARDS and PECK, Circuit Judges.
The sole issue presented on this appeal is whether the District Court erred in dismissing the action on the ground that it had not been commenced within the period provided by the applicable statute of limitations. Plaintiff-appellant does not contest the application of Kentucky Revised Statute 413.140(d), which provides that an action for slander must be commenced within one year of the occurrence giving rise to the action. However, as the District Judge pointed out in the memorandum filed with the order of dismissal, plaintiff-appellant attempts to avoid the consequences of that statute by evidence purporting to establish that as a result of the slander alleged he has continuously been denied employment and that the wrong done to him has thus been continuous.
This contention fails to recognize the fact that it is the occurrence of the tort which marks the beginning of the running of the statute of limitations, and that the date or dates of consequential injuries is therefore immaterial. As this Court has previously pointed out, "If this were not true, then it would result that, in every case where damages resulting from a wrongful act are in their nature continuing, there would be no limitation upon the right of action, and the beneficent purpose of the statute to put a period to the right to sue would be defeated." Northern Kentucky Tel. Co. v. Southern Bell Tel. & Tel. Co., 73 F.2d 333, 335, 97 A.L.R. 133 (6th Cir.), cert. denied, 294 U.S. 719, 55 S.Ct. 546, 79 L.Ed. 1251 (1934).
The judgment of the District Court is affirmed.
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Toth v. Lenk
...of limitations as to other types of actions run in a manner similar to the statute here at issue. See: Barnett v. Louisville and Nashville Railroad Company (6th Cir., 1969), 407 F.2d 1333; Zuck v. Interstate Publishing Corp. (2nd Cir., 1963), 317 F.2d 727. Additionally, the statute of limit......
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Lashlee v. Sumner
...action accrued with the submission of the report by defendant to plaintiff's employer in October 1973. In Barnett v. Louisville & Nashville R. R. Co., 407 F.2d 1333 (6th Cir. 1969), this court affirmed the dismissal of a slander action by a district court in Kentucky on a finding that it ha......
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Caslin v. General Elec. Co., 80-CA-430-MR
...statute of limitations provided by KRS 413.140(1)(d). 50 Am.Jur.2d, Libel and Slander § 390. See generally, Barnett v. Louisville & Nashville R.R. Co., 407 F.2d 1333 (6th Cir. 1969); Hoskins Adm'r v. Kentucky Ridge Coal Co., Ky., 305 S.W.2d 308 (1957) and as to libel, Lashlee v. Sumner, 570......