Legal Opinion
Dougherty v. Oberg
District Court, D. Minnesota
Decided March 28, 1969No. 2-68-Civ.-308PublishedCited by 20 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
DEVITT, Chief Judge.
The question raised by motion to dismiss in this diversity negligence action is whether a non-resident guardian of a Minnesota infant may maintain an action against a Minnesota defendant under the federal diversity statute. We think not.
The action is one to recover damages for personal injuries to a six-year-old Minnesota citizen, Elaine Erickson, sustained in a motor vehicle-tractor crash on a Minnesota highway. The defendant, Leslie Oberg, is also a Minnesota citizen.
The action is formally brought in the name of James Dougherty as duly appointed…
2Cases cited23 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
- Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co.Supreme Court of the United States · 1928
- Lehigh Mining & Manufacturing Co. v. KellySupreme Court of the United States · 1895
- McSparran v. WeistCourt of Appeals for the Third Circuit · 1968
18 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Groh v. BrooksCourt of Appeals for the Third Circuit · 1970
- C. G. Bishop, Administrator of the Estate of Arthur Lee Baker, Jr., Deceased v. S. Hendricks, Jr.Court of Appeals for the Fourth Circuit · 1974
- Charles A. Rogers, Conservator of the Estate of Frederick W. Pahlow, and United States of America v. Scott R. Bates, George Bates and Bernice BatesCourt of Appeals for the Eighth Circuit · 1970
- Hanna Mining Co. v. Minnesota Power and Light Co.District Court, D. Minnesota · 1983
- Pallazola v. RuckerCourt of Appeals for the First Circuit · 1986
15 more not listed; retrieve them via the Exa API.