Legal Opinion

De Valle Da Costa v. Southern Pac. Co.

U.S. Circuit Court for the District of Massachusetts

Decided February 17, 1909No. 244PublishedCited by 6 opinions

At Law. On motion to set aside verdict.

1Opinion of the Court

LOWELL, Circuit Judge.

The writ in this case, which was removed from the state court, was dated November 21, 1906. The *655original declaration alleged a liability for the death of. the plaintiffs intestate about December 29, 1905, and apparently for his conscious suffering. To this declaration the defendant, pleaded in abatement for reasons which need not be slated here. One of the counts was based upon certain statutes of Massachusetts, and at the argument the defendant’s liability was assumed by the plaintiff to rest altogether upon 1 líese statutes, so far as it did not rest upon the common…

2Cases cited12 opinions

  1. Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
  2. Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
  3. Mexican Central Railway Co. v. PinkneySupreme Court of the United States · 1893
  4. Boston & M. R. R. v. HurdCourt of Appeals for the First Circuit · 1901
  5. Van Doren v. Pennsylvania R.Court of Appeals for the Third Circuit · 1899

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3Cited by6 opinions

  1. Southern Pac. Co. v. De Valle Da CostaCourt of Appeals for the First Circuit · 1911
  2. Sam Siroonian, Administrator of the Estate of Sheryl Lynn Siroonian, Deceased v. Textron, Inc.Court of Appeals for the Fifth Circuit · 1988
  3. American Mills Co. v. HoffmanCourt of Appeals for the Second Circuit · 1921
  4. Gatta v. Philadelphia, Baltimore & Washington Railroad Co.Superior Court of Delaware · 1910
  5. Manitowoc Malting Co. v. FuechtwangerU.S. Circuit Court for the District of Eastern Wisconsin · 1909

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