Homer T. Barnett v. Louisville and Nashville Railroad Company

The sole issue presented on this appeal is whether the District Court erred in dismissing the action on the ground that it had not been commenced within the period provided by the applicable statute of limitations. Plaintiff-appellant does not contest the application of Kentucky Revised Statute 413.140(d), which provides that an action for slander must be commenced within one year of the occurrence giving rise to the action. .However, as the District Judge pointed out in the memorandum filed with the order of dismissal, plaintiff-appellant attempts to avoid the consequences of that statute by…