Legal Opinion
Farabaugh v. Baltimore & O. R.
District Court, W.D. Pennsylvania
Decided March 30, 1951No. Civ. No. 142Published
1Opinion of the Court
GOURLEY, District Judge.
This matter relates to a motion for new trial.
The plaintiff is a resident of Pennsylvania and the defendant a Maryland corporation. The accident occurred in Pennsylvania.
Federal jurisdiction is based solely on diversity of citizenship. The Court must, therefore, apply the law of the state in which the action is brought, including such state’s conflict of laws rules. Reference must, therefore, be made to the place of the tort for the legal effect to be given the facts and evidence. Moran v. Pittsburgh-Des Moines Steel Co., 3 Cir., 166 F.2d 908; Erie Railroad Co. v.…
2Cases cited12 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Tennant v. Peoria & Pekin Union Railway Co.Supreme Court of the United States · 1944
- Masterson v. Pennsylvania R. CoCourt of Appeals for the Third Circuit · 1950
- United States v. KlassCourt of Appeals for the Third Circuit · 1948
- Moran v. Pittsburgh-Des Moines Steel Co.Court of Appeals for the Third Circuit · 1948
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