Legal Opinion

Theberge v. Transportation Systems

District Court, D. New Hampshire

Decided November 27, 1984No. C84-472, 473-LPublishedCited by 1 opinion

1Opinion of the Court

ORDER ON MOTION TO DISMISS

LOUGHLIN, District Judge.

The defendants, Transportation Systems and Market Research, Ltd. and British Railways Board filed a motion to dismiss civil actions # 84-472 and 473-L based upon the lapse of the former New Hampshire Statute of Limitations for wrongful death actions. RSA 556:11 (1974).

The motion to dismiss is one of limited inquiry by this court. This court follows the accepted rule that “The complaint should not be dismissed unless it appears that appellant could ‘prove no set of facts in support of his claim which would entitle him to relief’ ”. Jenkins v.…

2Cases cited21 opinions

  1. Jenkins v. McKeithenSupreme Court of the United States · 1969
  2. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  3. Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
  4. In re SkolnickSupreme Court of the United States · 1969
  5. Pepin v. BeaulieuSupreme Court of New Hampshire · 1959

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3Cited by1 opinion

  1. Gould v. Concord HospitalSupreme Court of New Hampshire · 1985

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