Legal Opinion
Kucharski v. Pope & Talbot, Inc.
District Court, S.D. New York
Decided November 28, 1944PublishedCited by 14 opinions
1Opinion of the Court
RIFKIND, District Judge.
Defendants move for summary judgment pursuant to Rule 56(b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, or for judgment on the pleadings pursuant to Rule 12(b). The substantial ground for the motions is the plaintiff’s alleged lack of capacity to sue.
The action was commenced on March 20, 1943, by “Frances Kucharski, as administratrix of the estate of Joseph Kucharski, deceased,” as plaintiff, to recover for the wrongful death of plaintiff’s intestate, under the laws of the State of Pennsylvania where the fatal injuries occurred, concerning…
2Cases cited9 opinions
- Hoes v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1903
- Pietraroia v. New Jersey & Hudson River Railway & Ferry Co.New York Court of Appeals · 1910
- Wikoff v. HirschelNew York Court of Appeals · 1932
- Lapiedra v. American Surety Co.New York Court of Appeals · 1928
- Hoes v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Meehan v. Central Railroad Company of New JerseyDistrict Court, S.D. New York · 1960
- Montellier v. United StatesDistrict Court, E.D. New York · 1962
- Alabama Power Co. v. WhiteSupreme Court of Alabama · 1979
- Trico Electric Cooperative, Inc. v. RalstonArizona Supreme Court · 1948
- Brown v. Music IncorporatedAlaska Supreme Court · 1961
9 more not listed; retrieve them via the Exa API.