Sigrid Ethel Koeppe v. The Great Atlantic & Pacific Tea Company, Inc.

McALLISTER, Circuit Judge.

This case presents a single issue of law: Does the Kentucky statutory period of limitations, of one year, KRS 413.140, govern in an action for personal injuries, which arose in the State of New York, but which is sought to be enforced in Kentucky, by a party who, at the time of the accrual of the action, was a resident of New York? The period of limitations for such an action in the State of New York is three years, Civil Practice Act, § 49. The district court held that the Kentucky statute applied, and, on motion of appellee, dismissed the complaint on the ground…