Petersen v. Chicago, Great Western Ry. Co.

JOHNSEN, Circuit Judge.

Under the Nebraska conflict of laws rule, lex loci delicti governs generally the basic rights and substantive incidents of actions brought in that state to recover damages for personal injuries sustained in another state.1 If such foreign law is not pleaded and proved, however, the Nebraska courts, like most states, apply the presumption that it is the same as the law of Nebraska.2

Appellant contends here that this presumption is a substantive part of the Nebraska conflict of laws rule,3 and that, under Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed.…