Legal Opinion
La Prelle v. Cessna Aircraft Co.
District Court, D. Kansas
Decided August 1, 1949No. 3425PublishedCited by 5 opinions
1Opinion of the Court
MELLOTT, District Judge.
The present issue, raised by a motion of the defendant to strike, is whether, in a diversity case, 28 U.S.C.A. § 1332, brought by a widow to recover for the wrongful death of her husband, the lex loci or the lex fori controls. The Oklahoma statutes 1 are pleaded. They are similar to the Kansas statutes 2 in most respects, the difference important here being that under the Kansas statute “the damages cannot exceed fifteen thousand dollars” while under the Oklahoma statute there is no limitation as to the amount of recovery.
The suit is against a Kansas corporation. The…
2Cases cited18 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
- Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Slater v. Mexican National RailroadSupreme Court of the United States · 1904
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3Cited by5 opinions
- Ronald G. Forsyth v. Cessna Aircraft CompanyCourt of Appeals for the Ninth Circuit · 1975
- McDaniel v. SinnSupreme Court of Kansas · 1965
- Kent v. Kansas Power & Light Co.District Court, D. Kansas · 1954
- Ronald G. Forsyth v. Cessna Aircraft CompanyCourt of Appeals for the Ninth Circuit · 1975
- Ronald G. Forsyth v. Cessna Aircraft CompanyCourt of Appeals for the Ninth Circuit · 1975