Nesbitt v. Allied Mutual Casualty Co.

DONOVAN, District Judge.

This diversity case comes before the Court on defendant’s motion for summary judgment.

The file discloses the case was commenced in the Ramsey County, Minnesota, District Court, and properly transferred to this Court.

The litigation arises out of a collision between plaintiff’s automobile and a truck insured by defendant. The collision occurred on a public highway in the State of South Dakota at about 8:30 o’clock p. m. on August 9, 1952.

Plaintiff, at all times, was a resident of the State of Michigan. The operator and owner of the truck were at all times residents and…