Brown v. Fennell

LORD, District Judge.

The parties to this action were the drivers of two vehicles involved in a collision in Philadelphia, Pennsylvania, on August 21, 1954. The complaint, filed July 13, 1956, sets forth that the defendant is a citizen of New Jersey and that the plaintiff is a citizen of Pennsylvania. Diversity of citizenship is the sole ground on which this Court’s jurisdiction is based.

The defendant has moved for dismissal of this action on the ground that the requisite diversity of citizenship is lacking inasmuch as both parties are domiciliaries of Pennsylvania. The defendant has also…