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Walton vs. Arabian American Oil Co.

1) Leo Walton, an American citizen, was injured in an automobile accident in Saudi Arabia involving a truck owned by Arabian American Oil Company. 2) At trial, neither Walton nor Arabian American Oil Company pleaded or proved what the applicable Saudi Arabian law was regarding liability for the accident. 3) The court ruled that the trial court could not take judicial notice of foreign law that was not pleaded by either party. It was an abuse of discretion for the trial court to assume foreign law without it being presented by the parties.

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273 views1 page

Walton vs. Arabian American Oil Co.

1) Leo Walton, an American citizen, was injured in an automobile accident in Saudi Arabia involving a truck owned by Arabian American Oil Company. 2) At trial, neither Walton nor Arabian American Oil Company pleaded or proved what the applicable Saudi Arabian law was regarding liability for the accident. 3) The court ruled that the trial court could not take judicial notice of foreign law that was not pleaded by either party. It was an abuse of discretion for the trial court to assume foreign law without it being presented by the parties.

Uploaded by

Robinson Mojica
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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UNIVERSITY OF SANTO TOMAS

FACULTY OF CIVIL LAW


CFL – Atty. Ismael Sarangaya

Walton vs. Arabian American Oil Company


233 F.2d 541 (2d Cir. 1956), 15 May 1956
Where comprehension of foreign law is not easy, then, a court abuses its discretion under that statute perhaps if it
takes judicial notice of foreign law when it is not pleaded, and surely does so unless the party, who would otherwise
have had the burden of proving that law, has in some way adequately assisted the court in judicially learning it.
FACTS:
Plaintiff Leo Walton is a citizen and resident of Arkansas, who, while temporarily in Saudi Arabia, was seriously
injured when an automobile he was driving collided with a truck owned by defendant Arabian American Oil
Company, driven by one of its employees. Arabian American Oil Company is a corporation incorporated in
Delaware, licensed to do business in New York, and engaged in extensive business activities in Saudi Arabia.
Walton’s complaint did not allege pertinent Saudi Arabian “law,” nor at the trial did he prove or offer to prove it.
Arabian American Oil Company did not, in its answer, allege such “law,” and Arabian American Oil Company did
not prove or offer to prove it. There was evidence from which it might have been inferred, reasonably, that, under
well-established New York decisions, Arabian American Oil Company was negligent and therefore liable to
Walton. The trial judge, saying he would not take judicial notice of Saudi-Arabian “law,” directed a verdict in favor
of Arabian American Oil Company and gave judgment against Walton.
ISSUE:
Where the comprehension of foreign law is not easy, may the trial court take judicial notice of a foreign law when
it was not pleaded?
RULING:
NO. The court found that Walton had the burden of showing, to the trial court's satisfaction, Saudi Arabian law,
but failed to so prove that law. The court found that, because jurisdiction rested on diversity of citizenship, New
York rules of the conflict of laws applied, which was that the substantive law applicable to an alleged tort was the
law of the place where the alleged tort occurred. The court found that it would have been an abuse of discretion
had the trial court taken judicial notice of the foreign law when it was not pleaded.

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