Legal Opinion
Craven v. Associated Transport, Inc.
District Court, D. South Carolina
Decided April 5, 1966No. Civ. A. No. 5035PublishedCited by 5 opinions
1Opinion of the Court
HEMPHILL, District Judge.
Defendants’ motion to strike from the complaint paragraph1 thereof and the portion of the prayer asking damages “in the sum of $500,000.00” precipitates this court’s ruling thereon. Plaintiff, in her fiduciary capacity, seeks damages for the wrongful death2 of her husband wage-earner for the benefit of herself and two minor children ages 4 and 2. The cause of action is negligence arising out of a wreck of motor vehicles.
Defendants rely on 28 U.S.C. rule 12(f) 3 as their portal to relief, contending that it would be improper for the court to advise the jury as to the…
2Cases cited7 opinions
- Julius Nagler v. Admiral CorporationCourt of Appeals for the Second Circuit · 1957
- Botta v. BrunnerSupreme Court of New Jersey · 1958
- Shelby v. Williams and Horney Livestock, Incorporated v. Joseph E. NicholsCourt of Appeals for the Fourth Circuit · 1959
- Fanchon & Marco, Inc. v. Paramount Pictures, Inc.Court of Appeals for the Second Circuit · 1953
- Couto v. United Fruit Co.Court of Appeals for the Second Circuit · 1953
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States v. Shell Oil Co.District Court, D. Colorado · 1985
- Brooks v. United StatesDistrict Court, D. South Carolina · 1967
- Charles S. McGowan as Administrator of the Estate of Mary Louise McGowan Deceased v. Thurston M. Gillenwater and Terry L. GillenwaterCourt of Appeals for the Fourth Circuit · 1970
- TPI Corp. v. Merchandise Mart of South Carolina, Inc.District Court, D. South Carolina · 1974
- Paul v. GomezDistrict Court, W.D. Virginia · 2000