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OLBERDING v. ILLINOIS CENTRAL R. CO.

No. 27.

346 U.S. 338 (1953)

OLBERDING, DOING BUSINESS AS VESS TRANSFER CO., ET AL. v. ILLINOIS CENTRAL RAILROAD CO., INC.

Supreme Court of United States.

Decided November 9, 1953.

Attorney(s) appearing for the Case

William L. Mitchell argued the cause for petitioners. With him on the brief were William C. Welborn and Milford M. Miller.

James G. Wheeler argued the cause for respondent. With him on the brief were Joseph H. Wright, Chas. A. Helsell, John W. Freels and Thomas J. Marshall, Jr.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

For present purposes the facts may be briefly stated. The railroad brought suit in the United States District Court for the Western District of Kentucky against Olberding, the owner of a truck, which, while on temporary business in Kentucky, collided with an overpass of the railroad, causing a subsequent derailment. Jurisdiction was based on diversity of citizenship, plaintiff being an Illinois corporation...

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