Legal Opinion · Dissent

Duke v. Housen

Wyoming Supreme Court

Decided January 12, 1979No. 4811Published

1DissentMcCLINTOCK, Justice

In brief outline of the basis of my dissent, I agree with the majority that under the common law, limitations of actions are governed by the law of the forum. Section 1-3-117, W.S.1977, the so-called borrowing statute, changes that rule only to the extent that we are required to apply the limitation of another state if it is determined that the “cause of action arose” in that other state. The majority recognize that both a wrongful act and a resulting injury are necessary to effect an actionable tort, and that the “law of the place where the plaintiff sustains injury to her person controls.”…

2Cases cited14 opinions

  1. Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
  2. Highline School District No. 401 v. Port of SeattleWashington Supreme Court · 1976
  3. Schwartz v. Heyden Newport Chemical Corp.New York Court of Appeals · 1963
  4. Gazija v. Nicholas Jerns Co.Washington Supreme Court · 1975
  5. First National Bank v. FordWyoming Supreme Court · 1923

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