Legal Opinion
Knight v. Baltimore & O. R.
District Court, W.D. New York
Decided May 6, 1948No. Civ. No. 3645PublishedCited by 4 opinions
1Opinion of the Court
KNIGHT, District Judge.
Defendant moved to strike out certain allegations of the complaint and the motion was granted, the grounds for so doing being stated in this court’s opinion dated April 29, 1948. D.C., 8 F.R.D. 261. Since then plaintiff has submitted a memorandum, which requires a reconsideration of the court’s decision.
Plaintiff urges that the granting of the motion might tend to bring about the exclusion or rejection of certain evidence relating to the stricken allegations; that motions of this nature are not favored and the moving party must show prejudice; that the pleadings of…
2Cases cited3 opinions
- Knight v. Baltimore & O. R.District Court, W.D. New York · 1948
- Sipowicz v. . Lehigh Valley Railroad CompanyNew York Court of Appeals · 1921
- Sipowicz v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by4 opinions
- Tivoli Realty, Inc. v. Paramount Pictures, Inc.District Court, D. Delaware · 1948
- Edna A. Bailey, as Administratrix of the Goods, Chattels and Credits of Arthur Bailey, Deceased v. The Baltimore and Ohio Railroad Company, Leon Metzler v. The Baltimore and Ohio Railroad CompanyCourt of Appeals for the Second Circuit · 1955
- Wanecke v. Northwest Airlines, Inc.District Court, N.D. Ohio · 1950
- Bailey v. Baltimore & Ohio RailroadCourt of Appeals for the Second Circuit · 1955