Elliott v. Krear

MEMORANDUM

WARRINER, District Judge.

It is alleged that on Tuesday, 31 August 1976, the defendant, 9-year-old Michael Krear, approached 10-year-old Keith Michael Elliott with a slingshot and shot a gumball at Keith causing an injury. In State court this matter would have proceeded routinely to judgment, for State courts are courts of general jurisdiction. This Court is, however, one of limited jurisdiction, and the question of whether this Court may entertain the merits of the lawsuit stemming from this backyard scuffle between two little boys is the nicest question of diversity jurisdiction…