Legal Opinion
Yale Transport Corp. v. Yellow Truck & Coach Mfg. Co.
District Court, S.D. New York
Decided April 18, 1944PublishedCited by 22 opinions
1Opinion of the Court
RIFKIND, District Judge.
Plaintiff, owner of a truck, brought, this action against the manufacturer thereof for damages to truck and cargo resulting from defendant’s negligence in the manufacture of the vehicle. Defendant having answered, plaintiff moves under rule 12 (f), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to strike out the second, third and fourth defenses on the ground that they are “impertinent, immaterial, sham and false in fact”. Its motion is accompanied by affidavits.
The challenged defenses in substance allege the following: The second defense pleads…
2Cases cited13 opinions
- Luckenbach v. W. J. McCahan Sugar Refining Co.Supreme Court of the United States · 1918
- Chicago, St. Louis & New Orleans Railroad v. Pullman Southern Car Co.Supreme Court of the United States · 1891
- Purdy v. McGarityAppellate Division of the Supreme Court of the State of New York · 1941
- Norwich Union Fire Ins. Soc. v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1894
- Firemen's Ins. Co. of Newark v. BremnerCourt of Appeals for the Eighth Circuit · 1928
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Robertson v. National Basketball AssociationDistrict Court, S.D. New York · 1975
- Carr v. StrodeHawaii Supreme Court · 1995
- Bolton v. ZieglerDistrict Court, N.D. Iowa · 1953
- National Garment Co. v. New York, C. & St. LR Co.Court of Appeals for the Eighth Circuit · 1949
- SFM Corp. v. Sundstrand Corp.District Court, N.D. Illinois · 1984
17 more not listed; retrieve them via the Exa API.