Paton

James Buie, an employee of James T. Moore, doing business in California, was killed instantly on an Oregon highway when his automobile collided with a truck driven by a servant of the appellees, who are citizens of California. Although Buie’s work as a traveling salesman for Moore was exclusively in the State of Oregon, yet because of his employment for a California employer his wife was entitled under the California Workmen’s Compensation Act, Labor Code, § 3201 et seq., to compensation which was awarded by the California Industrial Accident Commission. The award of $6300 was paid by Maryland Casualty Company, appellant here, a Maryland Corporation, which then brought this action in the United States District Court for the District of Oregon, against the defendants-appellees. Following defendant’s motion to dismiss and for summary judgment an agreed statement of facts was incorporated in a pre-trial order upon the basis of which both motions were sustained .gnd judgment for defendants entered accordingly.

Appellant argues that there are two grounds on which it was entitled to proceed to trial upon the question of the negligence of appellees’ servant. The first is that it was…