Legal Opinion

Tague v. Delaware, L. & W. R.

District Court, E.D. New York

Decided April 2, 1946No. Civil Action No. 5757PublishedCited by 4 opinions

1Opinion of the Court

KENNEDY, District Judge.

On March 26, 1946, I filed a decision, D.C., 5 F.R.D. 323, that there should be a separate trial of the issues raised by the answer concerning plaintiff’s agreement to litigate this case nowhere but in the courts of Pennsylvania. Plaintiff, as I indicated, takes the position that he signed this paper on the basis o'f a fraudulent representation by defendant’s agents that it was a mere receipt.

The parties now submit cross orders: plaintiff’s order provides for the trial of the separate issue to a jury; defendant’s proposed order provides for a trial to the court.

In…

2Cases cited7 opinions

  1. Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
  2. Union Pac. R. v. SyasCourt of Appeals for the Eighth Circuit · 1917
  3. Radio Corp. of America v. Raytheon Mfg. Co.Supreme Court of the United States · 1935
  4. Ross v. Service Lines, Inc.District Court, E.D. Illinois · 1940
  5. Beagle v. Northern Pac. Ry. Co.District Court, W.D. Washington · 1940

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Canning v. Star Publishing Co.District Court, D. Delaware · 1956
  2. Gaddy v. Louisville & Nashville RailroadCourt of Appeals for the Sixth Circuit · 1967
  3. Chavez v. MoralesDistrict Court, D. New Mexico · 2020
  4. Gaddy v. Louisville & Nashville Railroad Co.Court of Appeals for the Sixth Circuit · 1967

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