Legal Opinion
William F. O'Neill and Ella M. O'neill, His Wife v. Commonwealth of Pennsylvania
Court of Appeals for the Third Circuit
Decided February 25, 1972No. 71-1169PublishedCited by 18 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Appellants, a husband and wife, residents of New Jersey, brought a personal injury action in the district court against the Commonwealth of Pennsylvania asserting as a basis for federal jurisdiction diversity of citizenship and claiming that the injuries resulted from the Commonwealth’s failure properly to maintain a state highway. The district court dismissed the complaint for lack of jurisdiction and this appeal followed.
The Commonwealth has not consented to be sued in tort. See, e. g., Conrad v. Commonwealth of Pennsylvania, Department of Highways, 441 Pa. 530, 272 A.2d…
3Cases cited8 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Great Northern Life Insurance Co. v. ReadSupreme Court of the United States · 1944
- Postal Telegraph Cable Co. v. AlabamaSupreme Court of the United States · 1894
- Highway Comm. of Wyoming v. Utah Construction Co.Supreme Court of the United States · 1929
- Palmer v. OhioSupreme Court of the United States · 1918
3 more not listed; retrieve them via the Exa API.
4Cited by18 opinions
- Standing Rock Sioux Indian Tribe v. Byron L. Dorgan, Tax Commissioner, State of North DakotaCourt of Appeals for the Eighth Circuit · 1974
- Aldens, Inc. v. PackelCourt of Appeals for the Third Circuit · 1975
- Spicer v. HiltonCourt of Appeals for the Third Circuit · 1980
- Daye v. Commonwealth of PennsylvaniaDistrict Court, E.D. Pennsylvania · 1972
- Hubert Daye v. The Commonwealth of Pennsylvania Mindy Meyers, an Infant, by Her Parent and Natural Guardian, Marvin Meyers v. The Commonwealth of PennsylvaniaCourt of Appeals for the Third Circuit · 1973
13 more not listed; retrieve them via the Exa API.