Audiss v. Peter Kiewit Sons Co.

WOODROUGH, Circuit Judge.

The appellant, who was the plaintiff in this action, is the administratrix of the estate of her deceased husband. She is a resident of South Dakota. Defendant is a corporation organized under the laws of the State of Nebraska. In her complaint plaintiff alleged that her husband died in an accident caused by the negligence of defendant’s agents, and sought recovery of damages. Defendant denied any negligence on its part, and counterclaimed against the plaintiff for damages caused defendant’s equipment in the same accident, alleging that the accident was caused by the…