Legal Opinion

MacDonald v. Central Vermont Ry., Inc.

District Court, D. Connecticut

Decided January 25, 1940No. Civ. 21PublishedCited by 9 opinions

1Opinion of the Court

HINCKS, District Judge.

The complaint herein charges the defendant with negligence causing injury to the plaintiff. It includes no allegation that the plaintiffs were free from contributory negligence. The defendant has introduced an answer consisting of “four defenses”. On hearing the defendant agreed that the so-called “second defense” might be deemed withdrawn. The “third defense” is practically a general denial and requires no attention here. The “first” and “fourth defenses” are predicated upon the contention that the complaint is " defective in that it contains no allegation that the…

2Cases cited3 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
  3. Toletti v. BidizckiSupreme Court of Connecticut · 1934

3Cited by9 opinions

  1. Fort Dodge Hotel Co. of Fort Dodge v. BarteltCourt of Appeals for the Eighth Circuit · 1941
  2. Arnold v. CHICAGO, B. & Q. R.District Court, D. Nebraska · 1947
  3. Ligouri v. New York, New Haven & Hartford RailroadDistrict Court, D. Connecticut · 1961
  4. Steiger v. MullaneyDistrict Court, S.D. New York · 1948
  5. Balchunas v. PalmerCourt of Appeals for the Second Circuit · 1945

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