Ragan v. Merchants Transfer & Warehouse Co.

Ragan (plaintiff) sued Merchants Transfer (defendant) in federal diversity court for a 1943 accident, filing within Kansas's two-year statute of limitations but not serving the summons until nearly three months after filing; Kansas law tolled its statute of limitations only upon service, not filing, meaning the claim would have been time-barred in Kansas state court, though federal law would have tolled it upon filing alone. The district court denied summary judgment and a jury found for Ragan, but the court of appeals reversed based on the Kansas tolling rule.