Robert Tavernier v. Weyerhaeuser Company, a Corporation

DUNIWAY, Circuit Judge.

In this diversity case the sole question is whether plaintiff-appellant’s first claim for relief, for personal injuries, is barred by the Oregon two-year statute of limitations. (O.R.S. 12.110). The trial judge held that the claim is barred. We are reversing.

The facts are simple. Appellant was injured on January 3, 1957. He was then sixteen years old. He was lawfully married on June 27, 1957, and became 21 on June 1, 1961. This action was filed on April 6, 1961. Thus the claim is barred unless the running of the statute is tolled. The tolling statute is O.R.S. 12.160,…