Walter Seideman v. Anne Hamilton

STALEY, Circuit Judge.

We are asked to determine whether the district court erred in refusing to submit the controverted question of diversity to a jury for determination, and, secondly, if this refusal was correct, did the court err in its conclusion that there was a lack of diversity.

The action arose as a result of injuries sustained by appellant, a citizen of Pennsylvania, in an automobile collision with a car driven by appellee. Jurisdiction was based upon diversity, appellant contending that appellee was a citizen of Delaware at the time the suit was instituted. Appellee denied this…