Jack Paul Brown v. Dean Kayler, Chris Dahl and John Doe, D/B/A Kayler-Dehl Fish Company

Libelant [appellant] instituted this action in admiralty to recover damages for personal injuries claimed to have been suffered in an accidental fall on respondents’ [appellees’] power barge Homer while in the navigable waters of the North Pacific Ocean.

The only question presented on this appeal is whether the trial court erred in sustaining appellees’ exceptions to appellant’s second amended libel and entering its decree dismissing the same on the ground of laches.

Appellant’s claimed injuries were suffered on September 27, 1954. On September 18, 1956 appellant instituted an action at law to recover damages for the claimed injuries sustained on September 27, 1954. Section 55-2-7, A.C.L.A.1949 provides that an action for any injury to the person or the rights of another not arising from contract shall be brought within two years from the date of suffering such injury. It appears that such suit was brought against a corporation which had been dissolved some time prior to September 27, 1954. Apparently this suit was dismissed more than two years from the date on which appellant suffered his claimed injuries. Apparently appellant concluded that he was precluded by the two-year…