O. H. Bengston, Administrator of the Estate of Phinice Van Pelt, Deceased, Apellant v. Andrew Nesheim

This appeal is from a summary judgment of the United States District Court, for the Western District of Washington. The admitted facts of the case essential to a determination of the appeal are-these:

On January 17, 1955, Phinice Van-Pelt, a resident of Oregon, was drowned, in a river in that state. Approximately two years and three weeks after Van. Pelt’s decease the appellant, as administrator of his estate, commenced this-action in the court below against ap-pellee, Nesheim, alleging that negligence-of the latter was the proximate cause of Van Pelt’s death. Nesheim had formerly lived in Oregon, but had left that state - and moved to Washington within two years subsequent to Van Pelt’s decease.

At all times pertinent to this action there was in force and effect in the State •of Oregon the following statute:

Oregon has a statute which tolls the statute of limitations for actions in case a resident leaves the state within the period of the limitation. ORS 12.-150. The State of Washington has a three-year limitation on death actions, RCW 4.16.080, and a similar tolling statute, RCW 4.16.180. Appellant argues that the two-year statute of limitations in the Oregon death act was…