Legal Opinion
Zellem v. Herring
District Court, W.D. Pennsylvania
Decided April 18, 1951No. Civ. A. Nos. 7971, 8013PublishedCited by 5 opinions
1Opinion of the Court
GOURLEY, Chief Judge.
This is an action 'based on negligence for money damages. Plaintiff invokes the jurisdiction of the court on the ground of diversity of citizenship and jurisdictional amount.
The immediate matter relates to a motion to dismiss for failure of plaintiff to establish federal jurisdiction.
The defendant contends:
1. That plaintiff’s preferred amended complaint averring that plaintiff and defendant were citizens of New York and Pennsylvania respectively should be refused, in that a new cause of action is thereby raised after termination of the statutory period.
’•2. That the…
2Cases cited4 opinions
- Keene Lumber Co. v. LeventhalCourt of Appeals for the First Circuit · 1948
- Van Sant v. American Express Co.Court of Appeals for the Third Circuit · 1948
- Paudler v. PaudlerCourt of Appeals for the Fifth Circuit · 1951
- Guarantee Trust Co. v. CollingsCourt of Appeals for the Third Circuit · 1935
3Cited by5 opinions
- Eric McNello v. John B. Kelly, Inc. v. B. J. Lucarelli and Company, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1960
- Ackerley v. Commercial Credit Co.District Court, D. New Jersey · 1953
- Paramount Packaging Corp. v. H. B. Fuller Co. of New JerseyDistrict Court, E.D. Pennsylvania · 1960
- Callan v. Lillybelle, Ltd.District Court, D. New Jersey · 1964
- Lawson v. MorganDistrict Court, E.D. Pennsylvania · 1973