Legal Opinion
Davis v. Smith
District Court, E.D. Pennsylvania
Decided November 22, 1954No. Civ. A. 16960PublishedCited by 36 opinions
1Opinion of the Court
LORD, District Judge.
The defendant has filed this motion to dismiss. He states three reasons why it should be granted, namely:
1. Improper venue;
2. Improper service of process; and
3. Failure to state a cause of action. We shall discuss them in that order.
The complaint alleges a claim to recover damages for severe and permanent injuries sustained by one of the plain tiffs, James W. Davis, a minor, while a passenger in an automobile driven by his father, the defendant’s decedent, on June 10, 1952, in the Commonwealth of Pennsylvania. The decedent was killed instantly in the accident. The other…
2Cases cited46 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
- The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
- Ex Parte SchollenbergerSupreme Court of the United States · 1878
- Kane v. New JerseySupreme Court of the United States · 1916
41 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Emery v. EmeryCalifornia Supreme Court · 1955
- Balts v. BaltsSupreme Court of Minnesota · 1966
- Brennecke Ex Rel. Brennecke v. KilpatrickSupreme Court of Missouri · 1960
- Parks v. ParksSupreme Court of Pennsylvania · 1957
- Johnson v. Peoples First National Bank & Trust Co.Supreme Court of Pennsylvania · 1958
31 more not listed; retrieve them via the Exa API.