Silvernail v. Nicholson

FREDERICK van PELT BRYAN, District Judge.

Plaintiff Silvernail brought suit to recover damages for personal injuries sustained on June 10, 1958 in an automobile collision on United States Route 4 near Ft. Miller Corners, N. Y. Defendant Ralph G. Nicholson was sued as executor of the estate of his wife who was the driver of the car with which Silvemail’s car collided and who was killed in the accident. Defendant Tri-State was the owner of the car Mrs. Nicholson was driving and had rented it to the Nicholsons. Jurisdiction is based on diversity of citizenship. (28 U.S.C. § 1332(a)).

The case was…