Legal Opinion
Stanaland v. Atlantic Coast Line R. Co
Court of Appeals for the Fifth Circuit
Decided November 20, 1951No. 13700_1PublishedCited by 15 opinions
1Opinion of the Court
BORAH, Circuit Judge.
This is an appeal in a tort action brought by appellant, Mrs. Mae Stanaland, to recover damages for the wrongful death of her minor son, who was struck and killed by one of defendant-appellee’s trains. The appeal is from an order granting a motion to dismiss because the complaint fails to state a claim upon which relief can be granted.
In considering a motion to dismiss the complaint, for failure to state a claim upon which relief can be granted, we must treat every well-pleaded, material allegation of the complaint as admitted. Tahir Erk v. Glenn L. Martin Co., 4 Cir.,…
2Cases cited15 opinions
- Frederick Hart & Co. v. Recordgraph CorporationCourt of Appeals for the Third Circuit · 1948
- Leimer v. State Mut. Life Assur. Co.Court of Appeals for the Eighth Circuit · 1940
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Tahir Erk v. Glenn L. Martin Co.Court of Appeals for the Fourth Circuit · 1941
- Carroll v. Morrison Hotel CorporationCourt of Appeals for the Seventh Circuit · 1945
10 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Barbara R. Gross v. Southern Railway Company, Nancy Ruth Canipelli v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1969
- Mrs. Cordie Ola Fair v. United StatesCourt of Appeals for the Fifth Circuit · 1956
- Hollis E. Case v. State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company and State Farm Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1961
- Des Isles v. EvansCourt of Appeals for the Fifth Circuit · 1952
- Atlantic Coast Line R. Co. v. MimsCourt of Appeals for the Fifth Circuit · 1952
10 more not listed; retrieve them via the Exa API.