Legal Opinion

Heister v. Lehigh & N. E. R.

District Court, S.D. New York

Decided June 27, 1931PublishedCited by 5 opinions

1Opinion of the Court

WOOLSEY, District Judge.

I grant the motion of the plaintiff in so far as it asks for an order directing the defendant to serve a bill of particulars as to the basis of its affirmative defenses of contributory negligence and assumption of risk, and I also grant the stay asked for as the fourth relief sought.

I deny the motion for dedimus potestatem and for an order for the taking of depositions of the witnesses named.

I am, however, granting the plaintiff relief in another form, as hereinafter described, which seems to me appropriate in view of the peculiar circumstances of this ease.

I. This is…

2Cases cited7 opinions

  1. Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
  2. Ex Parte FISKSupreme Court of the United States · 1885
  3. Hanks Dental Assn. v. International Tooth Crown Co.Supreme Court of the United States · 1904
  4. Henning v. BoyleU.S. Circuit Court for the District of Southern New York · 1901
  5. Gimenes v. New York & Porto Rico S. S. Co.District Court, S.D. New York · 1929

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

3Cited by5 opinions

  1. First National City Bank v. AristeguietaCourt of Appeals for the Second Circuit · 1960
  2. Application of the First National City Bank of New York, French American Banking Corporation and the Royal Bank of Canada, Petitioner-Appeallants, to Quash Three Subpoenas Duces Tecum Dated March 15, 1960 v. Manuel Aristeguieta, Consul General of the Republic of Venezuela, on Behalf of the Republic of Venezuela, Application of Silvio Gutierrez, to Quash a Subpoena Duces Tecum Dated April 18, 1960 v. Manuel Aristeguieta, Consul General of the Republic of Venezuela, on Behalf of the Republic of Venezuela, Application of Napolen Dupouy, to Quash Two Subpoenas Duces Tecum Dated March 15, 1960 v. Manuel Aristeguieta, Consul General of the Republic of Venezuela, on Behalf of the Republic of VenezuelaCourt of Appeals for the First Circuit · 1960
  3. Tobacco & Allied Stocks, Inc. v. Transamerica Corp.District Court, D. Delaware · 1954
  4. Rogers v. HillDistrict Court, S.D. New York · 1931
  5. Landis v. Pennsylvania R. Co.District Court, E.D. New York · 1931

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