TROXELL v. DELAWARE, L. & W. R. CO.
District Court, E.D. Pennsylvania
Action by Lizzie M. Troxell, Joseph D. Troxell’s administratrix, against the Delaware, Lackawanna & Western Railroad Company. On motion to strike defendant’s plea of res judicata.
1Opinion of the Court
HOLLAND, District Judge.
To an action in trespass brought by the plaintiff for the death of her husband while in the employ of and because of the alleged negligence of the defendant, the latter filed pleas of not guilty and res judicata. The motion of the plaintiff is to strike off the latter because improperly filed under the Pennsylvania Practice Act of 1887 (P. L. 1887, p. 272). It is, however, the practice of the state courts to allow such a plea. Rudolph v. Sturgis, 25 Pa. Co. Ct. 577; Amheim v. Dye Works, 36 Wkly. Notes Cas. 32. In the last case it was held that:
“Where the general issue…
2Cases cited7 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Stradley v. Bath Portland Cement Co.Supreme Court of Pennsylvania · 1910
- Allen v. Tuscarora Valley RailroadSupreme Court of Pennsylvania · 1910
- Taylor v. CorneliusSupreme Court of Pennsylvania · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Henderson v. United States Radiator CorporationCourt of Appeals for the Tenth Circuit · 1935
- Eastern Ry. Co. of New Mexico v. EllisCourt of Appeals of Texas · 1912