Jean Dobler v. Oleta Story

Appellee, plaintiff below, is a resident and citizen of the State of California, The appellant, defendant below, is a resident and citizen of the State of Texas. The automobile collision which gave rise to the litigation occurred in the San Francisco Bay area, State of California, within the jurisdiction of the United States District Court for the Northern District of California. Southern Division, The amount in controversy exceeded $3,-000 plus interest and costs. The district court had jurisdiction of the controversy under Title 28 U.S.C.A. § 1332 (a) (1). The jurisdiction of this Court has been properly invoked under Title 28 U.S.C.A. § 1291 .

Since federal jurisdiction depends upon diversity of citizenship, we are to be governed in our decision in this case by the laws of the State of California as declared by the Supreme Court of that State. Erie Railroad Co. v. Tompkins, 304 U.S. 64 , 58 S.Ct. 817 , 82 L.Ed. 1188 .

The facts of this case are not in dispute. In reviewing the facts we will refer to the parties by their designations in the district court. On October 2, 1955, a collision occurred between an automobile operated by plaintiff’s husband, in which plaintiff was…