Young v. Aeroil Products Company

248 F.2d 185 Mildred Marie YOUNG, individually and Danny Lee Young, David Ray Young and Daniel Ray Young, through their guardian ad litem, Mildred Marie Young, Appellants, v. AEROIL PRODUCTS COMPANY, Inc., a corporation, Structual Material Company, a corporation and Deryl S. Yundt, Appellees. No. 15363. United States Court of Appeals Ninth Circuit. September 17, 1957. Arlo E. Rickett, Jr., Pomona, Cal., for appellants. Eugene S. Ives, Los Angeles, Cal., for appellees. Before LEMMON, CHAMBERS and BARNES, Circuit Judges. BARNES, Circuit Judge. 1 This was an action for wrongful death based on diversity of citizenship. 1 It was tried by the District Court sitting without a jury. Plaintiffs, all citizens of the State of Texas, are the widow and minor children of Herbert Weldon Young, deceased, who met a tragic and violent death on March 3, 1954, when a portable elevator collapsed as it was being prepared for removal from a housebuilding job in Los Angeles County. 2 Some description of the parties named, and those before the Court, seems essential. 3 The elevator had been manufactured by Sam Mulkey Co., Inc., a Missouri corporation, not served as a defendant. The Aeroil Products…