Legal Opinion
Marvine Markham v. City of Newport News, a Municipal Corporation
Court of Appeals for the Fourth Circuit
Decided June 19, 1961No. 8216_1PublishedCited by 146 opinions
1Opinion of the Court
HAYNSWORTH, Circuit Judge.
Whether a state may prevent resort to the federal diversity jurisdiction for enforcement of a right created by the state is the question. The District Court held that it could. 1 We disagree.
The plaintiff, a citizen of California, commenced this action in the United States District Court for the Eastern District of Virginia against the City of Newport News, Virginia. She alleged that while driving her automobile on a street in Newport News, she and her vehicle fell into a sewer manhole which the city had wrongfully uncovered and left unguarded. She sought damages for…
2Cases cited69 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
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3Cited by146 opinions
- MCI Telecommunications Corporation v. Teleconcepts, Incorporated, Defendant/third-Party v. Bell of Pennsylvania, Third-Party Teleconcepts, IncorporatedCourt of Appeals for the Third Circuit · 1995
- Peggy Zahn v. North American Power & Gas, LLCourt of Appeals for the Seventh Circuit · 2016
- Scott v. Greenville CountyCourt of Appeals for the Fourth Circuit · 1983
- Bennett v. GravelleDistrict Court, D. Maryland · 1971
- United States Fidelity & Guaranty Co. v. Lee Investment LLCCourt of Appeals for the Ninth Circuit · 2011
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