Scott v. Pennsylvania R.

McGRANERY, District Judge.

This is a tort action in which defendant has questioned the jurisdiction of the Court by a motion to dismiss. In accordance with my Opinion of February 1, 1949, D.C., 8 F.R.D. 548, a hearing was held to determine whether diversity of jurisdiction exists in the instant case. Defendant, concededly a Pennsylvania corporation, contends that plaintiff is a citizen of Pennsylvania, as well, although the complaint alleges that he is a citizen of New Jersey. The law in these matters is not complicated, although determination of the factual issues may be difficult. Cf. Berger…