Legal Opinion

Gamboa v. Atchison, Topeka & Santa Fe Railway Co.

California Court of Appeal

Decided September 17, 1971No. Civ. 37726PublishedCited by 10 opinions

1Opinion of the Court

Opinion

DUNN, J.

This appeal is from an order of dismissal (judgment—Code Civ. Proc. §§ 581, subd. 3, and 58Id) entered after the court sustained, without leave to amend, defendant’s demurrer to plaintiff’s second amended complaint.

Plaintiff’s action was filed under the Federal Employers’ Liability Act (“Railroads,” 45 U.S.C.A. § 51 et seq.). The original complaint was filed January 22, 1970, 2 and the second amended complaint July 21, 1970. In this last pleading plaintiff sought damages from defendant based upon an accident alleged to have occurred November 25, 1952, during the course and…

2Cases cited19 opinions

  1. Burnett v. New York Central RailroadSupreme Court of the United States · 1965
  2. Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
  3. Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
  4. Wennerholm v. Stanford University School of MedicineCalifornia Supreme Court · 1942
  5. Virginia T. Gillentine v. Maxwell N. McKeand Lawrence MooreCourt of Appeals for the First Circuit · 1970

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3Cited by10 opinions

  1. City of Hollister v. Monterey InsuranceCalifornia Court of Appeal · 2008
  2. Carroll v. Puritan Leasing Co.California Court of Appeal · 1978
  3. Getty v. GettyCalifornia Court of Appeal · 1986
  4. Lua v. Southern Pacific Transportation Co.California Court of Appeal · 1992
  5. Snyder v. Penn Central Transportation Co.Superior Court of Pennsylvania · 1982

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