Wicker

From a judgment in favor of plaintiff-appellee for personal injuries sustained through the negligence of defendant-appellant while transporting plaintiff from Lds Angeles, California, en route to Oklahoma, defendant appeals.

Federal jurisdiction is predicated upon diversity of citizenship. Appellee claimed citizenship in the southern district of California-, and the action was brought in the northern district. Appellant admittedly was not a citizen of California. Appellant answered and pleaded to the merits, thereby waiving the venue of the court. Western Loan Co. v. Butte Mining Co., 210 U. S. 368 , 28 S. Ct. 720 , 52 L. Ed. 1101 . At the close of all the testimony, appellant moved for an instructed verdict, for the reason, among others not material here, that “the evidence being that the plaintiff was a resident of the state of Oklahoma, and there is no diversity of citizenship.” Was appellee a citizen of California on May 13, 1930, is the sole question.

April 11, 1930, appellee received the injuries at Isleta, N. M.; was taken to a hospital at Albuquerque, and remained there *582 about three weeks; returned to Los Angeles for four or five weeks, and then went to Oklahoma to…