Myron Herrick v. David Knight Sayler, Administrator, Etc.

SWAIM, Circuit Judge.

This is a diversity action and the question presented concerns the construction of Indiana law as to the amount of recovery to which plaintiff may be entitled. The District Court dismissed the complaint of the plaintiff upon the ground that the actual amount in controversy was less than the amount necessary to confer jurisdiction, i. e., $3,000. 28 U.S. C.A. § 1332.

Plaintiff brought this action in the United States District Court for the Northern District of Indiana, Fort Wayne Division, seeking to recover damages for the alleged wrongful death of his minor child. It was…