WILCOX v. RIVERSIDE PARK ENTERPRISES, INC.


21 Mass. App. Ct. 419 (1986)

487 N.E.2d 860

STEVEN WILCOX & others vs. RIVERSIDE PARK ENTERPRISES, INC.

Appeals Court of Massachusetts, Hampden.

January 14, 1986.


Attorney(s) appearing for the Case

Edward V. Leja for the plaintiffs.

Jeffrey L. McCormick for the defendant.

Present: ARMSTRONG, SMITH, & FINE, JJ.


FINE, J.

A little-used Massachusetts "borrowing statute" of ancient origin is the basis for the claim that this personal injury action is time-barred. The statute, G.L.c. 260, § 9, provides as follows:

"If, when a cause of action hereinbefore mentioned accrues against a person, he resides out of the commonwealth, the action may be commenced within the time herein limited after he comes into the commonwealth; and it, after a cause of action has accrued...

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