Legal Opinion · Dissent

Okla Homer Smith Manufacturing Co. v. Larson & Wear, Inc.

Supreme Court of Arkansas

Decided February 28, 1983No. 82-298Published

1DissentRichard B. Adkisson, Chief Justice

The majority has held that the statute of limitations for “actions in contract” provided for under Ark. Stat. Ann. § 37-237 (Supp. 1981) is now also applicable to actions in tort. I cannot agree with the extension of this statute by construction. The effect of statutes of limitations is to cut off the right to bring an action which would otherwise remain. For this reason such statutes should be narrowly construed. See St. Louis I.M. & S. Ry. Co. v. B. & W. Tel. Co., 86 Ark. 300, 110 S.W. 1047 (1908).

The majority justifies their broad construction of the statute by finding that the legislature…

2Cases cited1 opinion

  1. St. Louis, Iron Mountain & Southern Railway Co. v. Batesville & Winerva Telephone Co.Supreme Court of Arkansas · 1908

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