PAYNE v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

No. 17497.

266 F.2d 63 (1959)

Clarence PAYNE, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

April 30, 1959.


Attorney(s) appearing for the Case

Frank S. Bruno, New Orleans, La., for appellant.

F. Carter Johnson, Jr., of Porteous & Johnson, New Orleans, La., for appellee.

Frederick J. Gisevius, Jr., Robert F. Shearman, John G. Discon, George M. Leppert, Peter J. Compagno, New Orleans, La., Amici Curiae.

Before RIVES, JONES and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

This appeal presents two questions: (1) In a suit for damages for personal injuries, brought against an insurer alone, is the jurisdictional amount controlled by the limitation of liability in the policy on which the plaintiff sues or by the amount of the alleged damages? (2) In a suit brought by the father as natural tutor, may a claim for property damage to a child's clothing and a claim for damages...

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