Bastian v. Baltimore & O. R.
Court of Appeals for the Third Circuit
1Opinion of the Court
BIGGS, Circuit Judge.
The appeals in the cases at bar, which grow out of six actions sounding in trespass instituted by the personal representatives of decedents, present a puzzle in “presumptions”.1 Since the cases came into the District Court by reason of diversity of citizenship the substantive rights of the parties must be determined by the law of Pennsylvania. Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, 114 A.L.R. 1487.
The pertinent facts are as follows. Bastían, Osche and Urich, three young men, were riding in an automobile owned by Osche on the concrete road…
2Cases cited25 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Commercial Molasses Corp. v. New York Tank Barge Corp.Supreme Court of the United States · 1941
- Judson v. Bee Hive Auto Service Co.Oregon Supreme Court · 1930
- Seiler v. WhitingArizona Supreme Court · 1938
- Johnson v. HetrickSupreme Court of Pennsylvania · 1930
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3Cited by15 opinions
- Edward C. Denneny and Catherine Denneny v. Bernard Siegel, Louis H. Block and the Albert Einstein Medical CenterCourt of Appeals for the Third Circuit · 1969
- Rodney v. StamanSupreme Court of Pennsylvania · 1952
- Stafford v. Roadway Transit Co.District Court, W.D. Pennsylvania · 1947
- Limes v. KellerSupreme Court of Pennsylvania · 1950
- Andrews v. United StatesCourt of Appeals for the Third Circuit · 1986
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