Legal Opinion
Fogal v. Mid-States Freight Lines, Inc.
Court of Appeals for the Second Circuit
Decided January 7, 1952No. 22157_1PublishedCited by 2 opinions
1Per curiam
The appellee’s intestate was killed while driving alone in an automobile on Route 33-A in New York when his car ran into the rear of a tractor-trailer owned by appellant Mid-States Freight Lines, Inc., and operated at the time by appellant Moore. There being diversity of citizenship, this suit for damages caused by his death was brought in the district court. From a judgment on a verdict for the plaintiff, this appeal has been taken and two questions are raised: (1) whether it was error to deny the appellant’s motion to dismiss the complaint for failure to prove a cause of action; and (2)…
2Cases cited6 opinions
- Martin v. HerzogNew York Court of Appeals · 1920
- Lee v. City Brewing CorporationNew York Court of Appeals · 1939
- Evansville Container Corporation v. McDonaldCourt of Appeals for the Sixth Circuit · 1942
- Meinrenken v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Lonstein v. Onondaga Freight Corp.Appellate Division of the Supreme Court of the State of New York · 1942
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3Cited by2 opinions
- Smith v. ConwayAppellate Division of the Supreme Court of the State of New York · 1969
- Zwolinski v. United StatesDistrict Court, W.D. New York · 1957