Legal Opinion
Capstraw v. New York Cent. R.
District Court, N.D. New York
Decided February 17, 1954No. Civ. Nos. 5028, 4761PublishedCited by 5 opinions
1Opinion of the Court
FOLEY, District Judge.
The defendant railroad moves to consolidate and join for trial the above actions. The plaintiff in one action, Cap-straw, was the engineer of a train' upon which the decedent, Sielagowski, was riding as a brakeman when it was involved in a head-on collision with another train of the defendant. It is clear that ■each action arises from a single accident surrounded by a similar set of circumstances, and each is instituted and based upon the provisions of the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq.
In such situations where common and similar questions of…
2Cases cited4 opinions
- Gillette Motor Transport, Inc. v. Northern Oklahoma Butane Co.Court of Appeals for the Tenth Circuit · 1950
- Polito v. MolaskyCourt of Appeals for the Eighth Circuit · 1941
- Miller v. SammarcoDistrict Court, N.D. Ohio · 1949
- Poulson v. Louisiana, Arkansas & Texas Transp. Co.District Court, W.D. Louisiana · 1947
3Cited by5 opinions
- Dupont v. Southern Pacific Co.Court of Appeals for the Fifth Circuit · 1966
- State Mutual Life Assurance Co. of America v. Peat, Marwick, Mitchell & Co.District Court, S.D. New York · 1969
- Ex parte MillerSupreme Court of Alabama · 1962
- De Figueiredo v. Trans World Airlines, Inc.District Court, S.D. New York · 1971
- Nathalie L. Dupont v. Southern Pacific Company, Velma Margaret Dupont, Indiv. And Next Friend for Mark Villejoin v. Southern Pacific Company, Nathalie Leger v. Southern Pacific Company, Anna Louise Dupont Trahan, Indiv. And Next Friend of Michael Joseph Trahan v. Southern Pacific CompanyCourt of Appeals for the Fifth Circuit · 1966