Legal Opinion
Gloria L. Messina, as Administratrix of the Goods, Chattels and Credits Which Were of Joseph C. Messina, Deceased v. Clark Equipment Company
Court of Appeals for the Second Circuit
Decided February 2, 1959No. 25117_1PublishedCited by 21 opinions
1Opinion of the Court
HINCKS, Circuit Judge.
This is a case brought to recover for the death of the plaintiff’s intestate. The action was tried toj a jury. Diversity of citizenship was the; only ground of jurisdiction in the court below. The only question presented by this appeal is whether the dismissal of the complaint, after the plaintiff's case was in, was based on a proper interpretation of New York law.
The plaintiff’s intestate was killed while operating an earth mover manufactured by the defendant. The earth mover had a large bucket device suspended in front of the1 machine, which was raised and lowered] by…
2Cases cited4 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Campo v. ScofieldNew York Court of Appeals · 1950
- Inman v. Binghamton Housing AuthorityNew York Court of Appeals · 1957
3Cited by21 opinions
- Schipper v. Levitt & Sons, Inc.Supreme Court of New Jersey · 1965
- Dyson v. General Motors CorporationDistrict Court, E.D. Pennsylvania · 1969
- Mrs. Frances Buckley Ward, Cross-Appellant v. The Hobart Manufacturing Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1971
- Bartkewich v. BILLINGERSupreme Court of Pennsylvania · 1968
- Mull v. Colt Co.District Court, S.D. New York · 1962
16 more not listed; retrieve them via the Exa API.