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MESSINA v. CLARK EQUIPMENT COMPANY

No. 44, Docket 25117.

263 F.2d 291 (1959)

Gloria L. MESSINA, as Administratrix of the goods, chattels and credits which were of Joseph C. Messina, deceased, Plaintiff-Appellant, v. CLARK EQUIPMENT COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 2, 1959.

Attorney(s) appearing for the Case

Julian Buchbinder, New York City, for plaintiff-appellant.

John Nielsen, New York City (John P. Smith, New York City, on the brief), for defendant-appellee.

Before CLARK, Chief Judge, and HINCKS and LUMBARD, Circuit Judges.

HINCKS, Circuit Judge.

This is a case brought to recover for the death of the plaintiff's intestate. The action was tried to a jury. Diversity of citizenship was the only ground of jurisdiction in the court below. The only question presented by this appeal is whether the dismissal of the complaint, after the plaintiff's case was in, was based on a proper interpretation of New York law.

The plaintiff's intestate was killed while operating an earth mover manufactured...

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