Jensen v. Lehigh Valley R.
District Court, S.D. New York
At Raw. Action by Jens Martinius Jensen against the Rehigh Valley Railroad Company. On motion by the defendant to substitute the Director General of Railroads in place of the defendant, Rehigh Valley Railroad Company, as defendant, and to dismiss the action as against the Rehigh Valley Railroad Company. On April 27, 1918, the plaintiff was injured while an employé of the Director General of Railroads upon the Lehigh Valley Railroad Company.
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At Raw. Action by Jens Martinius Jensen against the Rehigh Valley Railroad Company. On motion by the defendant to substitute the Director General of Railroads in place of the defendant, Rehigh Valley Railroad Company, as defendant, and to dismiss the action as against the Rehigh Valley Railroad Company. On April 27, 1918, the plaintiff was injured while an employé of the Director General of Railroads upon the Lehigh Valley Railroad Company. On July 25, 1918, he brought an action at law against the Lehigh Valley Railroad Company for negligence under the federal Employers’ Liability Act (Act…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as
above). The change in the language of the third paragraph from that of the first is significant. In the first the order directs that all actions “shall” be thereafter brought against the Director General. In the third that the. existing pleadings “may” be changed. “May” does indeed at times mean “shall,” but hhrdly when the two words are in such immediate contrast. At least there is no presumption that way. Moreover, I think that, if the third section be construed as permissive only, it serves a sufficient purpose; it would give plaintiffs the right to substitute…
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- Clements v. Southern Railway Co.Supreme Court of North Carolina · 1920
- Johnson v. McAdooDistrict Court, E.D. Louisiana · 1919
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