Legal Opinion
Durham v. Consolidated Rail Corp.
District Court, W.D. New York
Decided April 9, 1998No. 6:98-cv-06117Published
1Opinion of the Court
DECISION AND ORDER
SIRAGUSA, District Judge.
This is an action in which the plaintiffs are suing in negligence for injuries sustained by Mr. Durham when two railroad cars rolled into a third railroad car upon which he was working. The plaintiffs commenced this action in New York State Supreme Court, Wayne County, on February 5,1998. One of the defendants, LaRoehe Industries, Inc., filed a notice of removal to this Court on March 18, 1998. For the reasons that follow, this action is remanded to State Supreme Court.
STATEMENT OF FACTS
The plaintiffs are residents of the State of New York. The…
2Cases cited4 opinions
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
- Crane v. Cedar Rapids & Iowa City Railway Co.Supreme Court of the United States · 1969
- Jacobson v. New York, N. H. & H. R. Co.Court of Appeals for the First Circuit · 1953
- Jacobson v. New York, N. H. & H. R. Co.District Court, D. Massachusetts · 1953