Legal Opinion
Berkeley v. West Indies Enterprises, Inc.
District Court, Virgin Islands
Decided November 4, 1971No. Civil No. 47-1971PublishedCited by 2 opinions
1Opinion of the CourtChristian, Chief Judge
MEMORANDUM
Defendant, heretofore, filed a motion to dismiss plaintiff’s complaint alleging untimely commencement of the action. The Court, by Order entered the 1st day of October, 1971, denied the said motion of the defendant, reasoning that a statute which sought to impose a statute of limitation, other than the two year statute regularly provided for in 5 Y.I.C. §31(5) (A) being in derogation of the common law, was required to be couched in the most unambiguous terms. The Court finding much ambiguity in the section upon which defendant relied, namely 24 V.I.C. § 263, declined to impose the…
2Cases cited8 opinions
- Jose Guerrido, Libellant v. Alcoa Steamship Co., Inc.Court of Appeals for the First Circuit · 1956
- Lydia Williams v. Delano DowlingCourt of Appeals for the Third Circuit · 1963
- James v. HenryDistrict Court, Virgin Islands · 1957
- Pablo Marrero Morales, Libellant v. Bull Steamship CompanyCourt of Appeals for the First Circuit · 1960
- Caribe Construction Co. v. PennCourt of Appeals for the Third Circuit · 1965
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Joseph Berkeley v. West Indies Enterprises, IncCourt of Appeals for the Third Circuit · 1973
- Fredella ex rel. Titchener v. FarrellySupreme Court of The Virgin Islands · 1993