Plaintiff, a seaman on the S.S. Ioannis, was injured when the Ioannis and the S.S. Stony Point collided. By the time plaintiff filed his action, the three-year state statute of limitations for personal injuries caused by negligence had expired. The District Court for the Southern District of New York dismissed the complaint on the ground that the expiration of the state statute of limitations caused the plaintiff's action to be barred by !aches. On appeal, held, vacated and remanded. Expiration of the analogous state statute of limitations does not give rise to a presumption that the plaintiff's delay in bringing suit prejudiced the defendant. Larios v. Victory Carriers, Inc., 316 F.2d 63 (2d Cir. 1963).
Herbert H. Brown,
Admiralty-Laches-Expiration of Analogous State Statute of Limitations as Ground For Dismissal,
Mich. L. Rev.
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