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MORTENSON v. HOGG

No. 60.

99 F.2d 803 (1938)

MORTENSON v. HOGG et al.

Circuit Court of Appeals, Second Circuit.

November 7, 1938.

Attorney(s) appearing for the Case

Joseph L. Roesch, of New York City (Irving I. Goldsmith, Adolph Bruenner, and Monroe Collenburg, all of New York City, of counsel), for appellants.

Lynch & Cahn, of White Plains, N. Y. (Warren W. Wells and John R. Bushong, both of White Plains, N. Y., of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

The plaintiff has recovered judgment in an action for damages for personal injuries sustained by reason of the negligence of the appellant John S. Hogg, while operating an automobile owned by the other appellant, Mary S. Hogg. Federal jurisdiction rests on diverse citizenship. The main contention of the appellants is that the court erred in denying their motion to dismiss the complaint on the ground that the plaintiff was guilty of contributory...

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